Can parties effectively assert and defend their rights within the arbitral process? While arbitration is often praised for its flexibility, neutrality, and efficiency, concerns persist about whether it truly offers equitable access to justice. Key barriers include high costs, limited transparency, and procedural complexity, which can disproportionately affect certain types of parties (ranging from state-owned entities, less-resourced parties, or parties with limited experience in the field).
This panel will address recent cases which have challenged the type and quality of justice available to parties in arbitration. While the causes might differ, this is a phenomenon that can be identified across the board in commercial, sports, investment and consumer arbitration. From stricter controls by national at the pre- and post-arbitration stages, to tighter procedural mechanisms by arbitrators, the speakers will explore how arbitration can facilitate access to justice to its users.
9:00 - 09:30
9:30 – 10:45
The panel examines the critical role national courts play after an arbitral award is rendered. It explores the legal and practical challenges of enforcing arbitration awards across different jurisdictions under the New York Convention. The discussion examines the tension between judicial intervention and party autonomy, trends in cross-border enforcement, and the evolving approach of courts toward recognition and execution of arbitral awards. The panel offers comparative perspectives from the UK, Europe, and South Asia, highlighting key lessons for practitioners and businesses relying on international arbitration.
10:45 – 11:15
11.15 - 12.30
Can parties effectively assert and defend their rights within the arbitral process? While arbitration is often praised for its flexibility, neutrality, and efficiency, concerns persist about whether it truly offers equitable access to justice. Key barriers include high costs, limited transparency, and procedural complexity, which can disproportionately affect certain types of parties (ranging from state-owned entities, less-resourced parties, or parties with limited experience in the field). This panel will address recent cases which have challenged the type and quality of justice available to parties in arbitration. While the causes might differ, this is a phenomenon that can be identified across the board in commercial, sports, investment and consumer arbitration. From stricter controls by national at the pre- and post-arbitration stages, to tighter procedural mechanisms by arbitrators, the speakers will explore how arbitration can facilitate access to justice to its users.