Beauty and Structure in International Arbitration
Beauty is structure and structure is beauty, and in international arbitration these words ring true in spades. In beauty regimes, the basic understanding is that, in order to be beautiful, there needs to be a carefully laid out structure comprising routine and science – not merely any lip gloss and mascara will do. A skincare regime is split up in three parts: cleansing (usually followed by toning), hydrating and nourishing. Likewise, in international arbitration – in order to ensure the efficient and fair taking of evidence, rules (or guidelines, if you like) are called for – standards need to be set, and compliance with which can be monitored, and sanctions can be imposed. And as it happens, there is a well-known set of rules which tend to be applied in international arbitration proceedings that govern the taking of evidence: the comprehensive IBA rules on the taking of evidence (hereinafter the “IBA Rules on the Taking of Evidence in International Arbitration”). In fact, section C of those rules is even titled ‘Fairness and equality’. They govern the process of requesting production of evidence, the way that oral testimony is handled, as well as diagrams and witness statements.
The road to a fair outcome is exactly the same road to a beautiful and healthy skin. The cleansing and toning of the face before application of his or her favourite skincare products, which in turn are applied on a daily basis and as a part of a routine, duly spaced out and layered, with all the appropriate perseverance, curiosity and passion, is the only way to make glow a true gem. Arbitration proceedings are no different. If the IBA Rules on the Taking of Evidence in International Arbitration have been well applied and duly observed, the result is a judgment or award that simply shines, and the parties could not be more satisfied, even with the darkest of facts and the most unfortunate of outcomes.
In international arbitration, fairness and equality is also present in the attention that the parties get from the tribunal and the arbitral secretariat. When those rules are applied and respected, everyone is getting their pounds of flesh, their equal share… when those rules are not, and heaven forbid a party is left behind, there are bad vibes that are sure to spoil the most beautiful of experiences. When parties and arbitrators fail to comply with their collective bids, there are repercussions: a beautiful haematoma in the middle of an equally beautiful face… or worse, an award that is tainted by lack of due process or equal treatment.
Since fairness is beauty, fairness must be the concept that prevails with all its might, which is only possible through structure. The structure is essential. Boxing exposure to the evidence, for example, is beauty. It is that first layer of skin that ensures maximum comfort during the treatment, as well as safe handling of the products, free of clumsiness, mistakes and interruptions. It is also the skin that saves the makeup from going haywire…the result? Beautiful makeup, perfectly poised.
And while an experienced esthetician uses the finest of techniques, her beauty tool kit is as important: she must have a well-balanced assortment of beauty products, each one important with its own exalted role, all equally essential -the last layer of skin. In an arbitration proceeding, it is this last level of assurance of the fairness of the proceedings that stands as the most important layer. It’s the safety net that catches everything that may otherwise have fallen through, and gives all of us the assurance that our patience will prevail. It is the principle of proportionality transposed to the world of beauty.
In sum, beauty is structure and thanks to beauty structure we can enjoy the beauty of a radiant face. To the same extent, thanks to the IBA Rules on the Taking of Evidence in International Arbitration we can enjoy the beauty of a fair and look-forward-to award. So, let us take good care of our beauty structures, be they of our skin or of our international arbitration proceedings.
