Is the evolution of institutional arbitration rules at the expense of party autonomy?


We were pleased to co-host the session with HFW for London International Disputes Week 2021.

This session looked at whether the transparency and efficiency gained by the provision of greater arbitrator and Institutional powers is worth the erosion of party autonomy; once supreme in International Arbitration.

Two major international arbitration Institutions, have recently updated their rules to extend the power of arbitrators to areas previously confined to the agreement of the parties. One such area, is concerned with enabling the tribunal to overrule the parties agreed approach (as supported by the New York Convention) and instead appoint the tribunal itself in order to avoid a “significant risk of unequal treatment and unfairness”, is this welcomed by the arbitration community?

Our panel included James Turner KC, Quadrant Chambers, Ania Farren, Omnia Strategy and Chair of the ICC UK Committee for Arbitration and ADR, Damian Honey, Head of International Arbitration, HFW and Noradéle Radjai, partner at Lalive.