Arbitration was once touted as the shiny saviour to
international dispute resolution, transcending uncertain, costly,
and time-consuming national courts. Like the Swiss army knife,
arbitration rules are replete with extensive powers of the tribunal
against parties to the arbitration. But, armed only with adverse
costs orders to enforce these powers, a tribunal's toolbox
still lacks the pointed powers inherent in court processes to
coerce, sanction or dispose of issues to resolve a case swiftly.
Without an effective sanction, a recalcitrant defendant may choose
not to participate in arbitration proceedings, titling the costs of
the process against an aggrieved claimant. Consent as a cornerstone
of arbitration has as many benefits as it does problems,
particularly in international trade disputes, involving multiple
parties, various contracts, and goods in different jurisdictions.
For all the benefits and unique features that arbitration
enthusiasts are eager to promote,
