Saving Time and Money by Sanctioning Bad Behaviour
Article from: TDM 4 (2018), in Time and Cost Issues in International Arbitration
Abstract
It is well-established that arbitrators possess powers to preserve the integrity of the arbitral process. However, it is often considered that arbitrators' sanctioning powers are too limited to ensure that parties and counsel conduct proceedings in an efficient manner. This article examines the range of powers available to arbitrators and considers their effectiveness. It concludes that whilst costs sanctioning is a well-established and widely used method of policing the behaviour of parties and counsel, arbitrators have traditionally been reluctant to use the full range of ...