Arbitration’s Protean Nature: The Value of Rules and the Risk

Authors

William W. Park, Boston University School of LawFollow

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.

Comments

Includes Procedural Default Rules (2005) starting on page 360, also attached here.

Recommended Citation

William W. Park, Arbitration’s Protean Nature: The Value of Rules and the Risk , 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