Preventing the Fears of the Arbitrators in the Process of International Arbitration: Causal Relationship

Development summary

Bilge Nur Yilmaz examines how alleged infringements of the parties’ right to make submissions and present a defence are assessed when arbitral awards are considered for recognition, enforcement or annulment. The concern that an award may be refused or annulled can lead arbitrators to give disproportionate weight to requests for additional witnesses, documents or adjournments, prolonging the proceedings and undermining their effectiveness. The study considers this phenomenon as “Due Process Paronia”, or fear within the arbitration process.

The work treats causal nexus as the distinction that asks whether an infringement of the right to make submissions and present a defence affected the outcome of the award. Yilmaz aims to show that regulating this relationship under the New York Convention could help limit delays caused by arbitrators’ fears and address the prolongation of arbitration through the parties’ bad-faith conduct.