"Over-Codification" in Institutional Rules?-Assessing the New Provisions on Measures for Security for Costs in the Vienna Rules 2018
Article from: TDM 4 (2018), in Time and Cost Issues in International Arbitration
There is little risk of "over-codification", in the sense of overly detailed regulation, in institutional arbitration rules. Parties remain free to adjust them, which is all the flexibility arbitration needs. Quite the opposite, the risk is that institutional rules are sometimes not ambitious enough at regulating a certain issue. This is not to advocate for more detailed rules. However, if an issue is tackled at all, it should be regulated properly-if only by explicitly reserving discretion etc. It is submitted that the new provisions on measures for security for costs in the Vienna ...