Debate: This House Believes that Arbitrators Do Not Have Sufficient Control Over Party Conduct

Date: Thursday 04 December, 2025
Time: 10:30am - 12:00pm
Location: Baker McKenzie, 280 Bishopsgate, London EC2M 4AG

In the evolving landscape of international arbitration, concerns are mounting over arbitrators' ability to effectively manage party behaviour. This debate explores whether arbitrators truly wield enough authority to prevent procedural abuse, delay tactics, and strategic "gaming of the system". Are cost sanctions enough to deter misconduct? Or do courts, with their stricter rules and enforcement powers, offer better control? Are arbitrators able to creatively and effectively assert control - leveraging procedural flexibility to tailor solutions and maintain fairness? The debaters will also assess the diversity of standards of conduct internationally and share war stories from the trenches to ultimately answer the question: do arbitrators have the power to control parties' conduct or does arbitration's strength lie in its consensual, party-driven nature - even if that means tolerating a bit of mischief?

Speakers:

Chair/Moderator

Panellists

Baker McKenzie, 280 Bishopsgate, London EC2M 4AG

Hosted by:

  • Baker McKenzie