Sanctions for Frivolous Challenges to Arbitration Awards
Article from: TDM 5 (2006), in Procedure, Advocacy, Strategy and Tactics in Arbitration
Every schoolchild familiar with international arbitration knows that dissatisfied parties have opportunities to challenge awards. What is more controversial, however, is whether an increase in the volume unmeritorious challenges should lead to an increased risk of judicial sanctions. As arbitration awards have arguably come under increasing attack by dissatisfied parties, judges have observed that challenges adversely affect the purported benefits of arbitration - namely increased speed and decreased cost. Unsurprisingly, a perceived increase in frivolous challenges ...