Challenges to Arbitration Tribunals: Vital Safeguard or Opportunity for Mischief?


Orrick’s Mark Beeley and Sarah Stockley authored an article for the Daily Journal discussing the increasing number of attempts by parties to unseat members of arbitration tribunals. The authors note that, “The ability to police the independence, partiality and competence of a tribunal is a vital safeguard in the arbitral process. However, the safeguard stands at risk of being weaponized into a means of delaying hearings and attacking arbitrators who the parties fear are not as receptive to arguments as they may like.”