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There are ways for parties to guaran- tee a faster, cheaper process by putting severe limits on the length of the hear- ing and the procedures, says Stitt. As long as the procedures still fall within the governing rules of the applicable legislation, they can agree, for instance, that there will be no oral discovery, or to limit the number of documents, or even agree that the dispute will be resolved in writing without an oral hearing. In Stitt's opinion, in the majority of cases, people get the same result in ab- breviated hearings as they would after a much longer hearing. And even if this isn't the case sometimes, the speed and cost benefits are often worth this risk, which applies equally to both parties when they sign their agreement. Currently, on the international arbi- tration front, how long the process takes and how it will work is usually left for the arbitrators to decide, but it doesn't have to be, says Stitt. "What I see as the big next step in arbitration and the big thing that causes arbitration to explode exponentially on the dispute resolution scene is that lawyers will realize that they can take complete control of the process early on," says Stitt, adding that this will have to come in the form of detailed ar- bitration clauses in agreements rather than detailed agreements to arbitrate that are drafted after a dispute arises. Lawyers often react negatively to fast- tracked processes because they worry that due process is being jeopardized, but clients see the benefits, says Stitt. However, the problem with putting time limits on hearings is that it can bind the hands of the arbitrators, argues Barin. If one party decides not to co-operate, the arbitrator may lose power once the time limit expires if both parties don't agree to extend it, he says. Leon adds that fast-tracked processes are only re- alistic in certain situations, when, for instance, the parties are agreeing to this after the dispute arises or when they have a good understanding of the types of disputes likely to arise, and therefore know whether a shorter process will be suitable. Otherwise, the parties may live to regret their decision, he says. "I think that it's better to express a de- sire for speed and efficiency in general terms and trust the arbitral tribunal to establish the most suitable parameters," says Leon. "They could also add to their arbitration clause an agreement to use the IBA Rules of Evidence, which still give the arbitral tribunal a lot of discre- tion on procedures, but at least express an intention for efficient procedures." Sometimes, abbreviating the process is worth the risk, but clients need to know what they are gaining and what they are giving up, says Leon. "Once a dispute arises, often the former interest in speed and abbreviated procedures gives way to doing what is in that party's interests to try and win the case," he says. Law Specialistson Your Team! We help you help your clients. Call us. Get Our Environmental Environmental Specialists*on Your Team! Our team of environmental lawyers includes 5 Environmental Law Specialists* www.willmsshier.com * Certified by the Law Society of Upper Canada Juli Abouchar 416 862 4836 Doug Petrie 416 862 4835 John Willms 416 862 4821 Donna Shier 416 862 4822 Marc McAree 416 862 4820 ENVIRONMENT, ENERGY & RESOURCES LAW www. C ANADIAN Law ye rmag.com JANU AR Y 2008 55 Canadian Lawyer #MS07-25 – 7" x 4-7/8"