The Time Element in the Initiation of Inter-State Arbitration

This chapter discusses the relevance of the time element in the initiation of inter-State arbitration. It addresses, firstly, the general trend in the design and management of inter-State arbitration, whereby opportunities to hinder the timely initiation of proceedings and frustrate arbitration are significantly reduced, thus reducing the gap between arbitration and international adjudication in this respect. Subsequently, it analyses the inter-State tribunals’ case law on time-related requirements for the initiation of arbitral proceedings, before offering some tentative reflections on jurisdiction ratione temporis; in this specific regard, identifying a single procedural model might prove more difficult.