In a domestic context, public courts offer small and medium-sized enterprises (SME) an adequate legal protection in order to secure their transactions. However, the state cannot grant a comparable legal protection beyond its national borders. Especially international commercial arbitration appears to be a functional equivalent to state justice due to systematic similarities between both institutions. Still, several statistics and studies indicate that arbitral tribunals are mainly called to rule over very large cases. Thus, it is arguable whether SME participate in international commercial arbitration proceedings, too. Yet, major arbitration institutions continuously try to improve international commercial arbitration’s suitability for small claims with appropriate expedited procedure rules.
Keywords: International Commercial Arbitration; Access to Justice; Small and Medium-Sized Enterprises.
Federico Parise Kuhnle
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