Introduction

International arbitration derives its legitimacy, and power, from the consent of the parties. Arbitral awards are constructed in a supranational environment yet the enforcement of the award is wholly national and is sometimes derailed by political considerations. This dichotomy is further exacerbated by parties commencing parallel arbitral and court proceedings in an attempt to influence a favourable decision. The inevitable result is delays and high costs to conduct an effective arbitration. The conundrum of conducting an effective international arbitration is how to balance the ...