Inherent Powers to Sanction Party Conduct

F. Ferrari & F. Rosenfeld (eds), Inherent Powers, Juris Publishing, 2018

28 Pages Posted: 23 May 2019

See all articles by Prof Maxi Scherer

Prof Maxi Scherer

Queen Mary, University of London, Centre for Commercial Law Studies

Date Written: December 1, 2018

Abstract

Much ink has been spilled on the question how arbitral tribunals should deal with parties' misconduct. One controversial issue is whether, and to what extent, arbitral tribunals have the power to sanction such conduct. While some are in favor of providing broad powers to arbitral tribunals to sanction improper conduct by parties or their representatives, others speak out against the so-called policing powers of arbitral tribunals. In this context, some authors point to the greater need today for arbitrators to exercise inherent powers to deal with ethical issues. The use of inherent powers touches multiple aspects of international arbitration proceedings. However, when it comes to sanction party conduct, this paper submits that there is little room for inherent powers. Part II of the paper defines the concepts underlying the idea of inherent powers to sanction party conduct, and Part III provides a critical assessment. The paper concludes that, properly defined and assessed, the conceptual space for inherent powers is limited.

Keywords: international law, arbitration, party misconduct, tribunal powers, inherent powers, ethics, guerilla tactics

Suggested Citation

Scherer, Maxi, Inherent Powers to Sanction Party Conduct (December 1, 2018). F. Ferrari & F. Rosenfeld (eds), Inherent Powers, Juris Publishing, 2018, Available at SSRN: https://ssrn.com/abstract=3377228

Maxi Scherer (Contact Author)

Queen Mary, University of London, Centre for Commercial Law Studies ( email )

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London, WC2A 3JB
United Kingdom

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