A new report by the International Bar Association is shedding light on one of the lesser-examined bottlenecks in investor-state dispute resolution: the time it takes to form arbitral tribunals.
The study, conducted by the IBA’s Investment Arbitration Subcommittee in collaboration with four leading arbitration institutions, provides one of the most detailed looks to date at tribunal constitution timelines in investment arbitration cases. Drawing on previously unavailable data, the report highlights inconsistencies and delays that can slow down proceedings before they even begin.
Tribunal constitution—the process of appointing arbitrators who will hear and decide a dispute—has long been viewed as a critical but under-analyzed phase of arbitration. The report suggests that inefficiencies at this stage can have ripple effects on the overall duration and cost of cases.
In response, the IBA is recommending a series of measures aimed at streamlining the process, including improved coordination among parties and institutions, as well as clearer procedural frameworks.
The findings reflect growing concern within the arbitration community about the need for greater transparency and efficiency, particularly as investor-state disputes continue to rise in complexity and volume worldwid