Hilary Heilbron QC gives 14th Annual International Arbitration Lecture

Key Points:

Three factors generate unpredictability in arbitration: diversity, discretion, and decision-making dynamics.

The increased diversity of tribunals and the greater exercise of discretion probably make predicting outcomes more difficult, but it appears that is a price parties are prepared to pay.

That was the conclusion of Hilary Heilbron QC, who gave the 14th Annual Clayton Utz / University Of Sydney International Arbitration Lecture, "Dynamics, Discretion And Diversity - A Recipe For Unpredictability In International Arbitration?" to 200 members of Australia's international arbitration community at the Federal Court of Australia's NSW Registry on Wednesday 25 November. They were joined virtually by a global audience, who watched a live stream of the lecture.