Photo: WhatsAp+994515941183 via Adobe Stock Sanctions in Commercial Arbitration
As a matter of practice, arbitrators rarely impose sanctions, although sometimes the need arises. This article discusses the tools arbitrators can use to respond to sanctionable behavior in arbitration.
December 20, 2022 at 10:00 AM
10 minute read
Alternative Dispute Resolution
An arbitrator's responsibility to actively manage and shape the arbitration process is a well-accepted best practice protocol. Institutional arbitration rules call on arbitrators to control the proceedings in order to deliver on arbitration's promise of fairness and efficiency. AAA Commercial Arbitration Rules (2022) (AAA Rules) R-24; ICC Arbitration Rules (2021) Article 22.1; CPR Domestic Administered Arbitration Rules (2019) (CPR Rules) Preamble, Article 9.2. As a practical matter, to deliver on that promise, arbitrators need the authority to enforce the rules that they set for the arbitration.
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