Arbitration's Protean Nature: The Value of Rules and the Risks of Discretion
Document Type
Article
Publication Date
2003
ISSN
1875-8398
Publisher
Chartered Institute of Arbitrators
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 Risks of Discretion
,
in
19
Arbitration International
279
(2003).
Available at:
https://doi.org/10.1093/arbitration/19.3.279
