Challenges against arbitrators and arbitral awards.
A call for more extensive judicial review and enhanced standards?

Speaker: Amund Bjøranger Tørum

Panel discussion, with an introductory lecture

The era of free trade and globalisation is challenged by regionalism and protectionism, raising questions about the legitimacy of international arbitration as means to solve cross-border disputes. Challenges against arbitrators and arbitral awards are increasingly portrayed as a fundamental problem.

Should more extensive judicial review be embraced as a mean to ensure the legitimacy of international arbitration, and is enhanced standards of procedure and reasoning required to ensure the rule of law and legitimacy? Should the level of transparency, predictability and reasoning in appointments, procedural orders and awards be enhanced? Do the present rules on immunity and limitation of liability strike the right balance considering the development?