A Bid For Strong Arbitrator

Discussions of arbitrators' powers have riveted the international arbitration community. Practitioners increasingly face situations where arbitrators seem cautious and reluctant to rule on procedural issues.

While such a careful approach may be advisable where arbitrators prudently avoid overstepping their powers, it may, at times, also frustrate parties and practitioners alike.

This phenomenon has fostered endeavours to clarify, codify, and expand the powers of arbitrators; for if arbitrators were certain of their powers, they would feel free to exercise them.

On closer inspection, however, many of the decisions carefully dodged by arbitrators seem to be evidently within their powers. So why not exercise them, and decide?