Arbitration’s Protean Nature: The Value of Rules and the Risk of Discretion
Document Type
Book Chapter
Publication Date
2007
Editor(s)
Julian D.M. Lew & Loukas A. Mistelis
ISBN
9789041126061
Publisher
Kluwer Law International
Language
en-US
Abstract
The Freshfields Lecture for 2002 questions the wisdom of unfettered arbitrator discretion. The author suggests that the absence of procedural constraint on the arbitral tribunal can create more problems than it solves, often giving the impression of an ‘ad hoc justice’ that damages the perceived legitimacy of the dispute resolution process. Challenging the prevailing orthodoxy about the costs and benefits of discretion, the Lecture explores the feasibility of including; in international arbitration provisions, a set of more precise procedural protocols in institutional provisions, to apply unless the litigants explicitly opt out of the default norms.
Recommended Citation
William W. Park,
Arbitration’s Protean Nature: The Value of Rules and the Risk of Discretion
,
in
Arbitration Insights : Twenty Years of the Annual Lecture of The School of International Arbitration
331
(Julian D.M. Lew & Loukas A. Mistelis ed.,
2007).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2286
Comments
This retrospective comment takes a second look at ‘Arbitration’s Protean Nature’, originally delivered as the 2002 Annual Freshfields Bruckhaus Deringer Lecture, University of London Centre for Commercial Law Studies, School of International Arbitration. Copyright © 2003 William W. Park. Originally published in 19 ARB. INT. 279 (2003).
Includes Procedural Default Rules (2005) starting on page 360, also attached here.