Insights

Be Nice to the Kid in the Corner: Brussels Cour de Cassation provides Charter for Overworked and/or lazy arbitrators

4/07/2023

In a recent and unique case, the chair of an ICC Arbitral Tribunal admitted that his Administrative Secretary drafted lists of questions for him to ask the technical experts; and also drafted the decision-making parts of the award. It was argued before the lower Belgian courts that such conduct constituted an unlawful delegation of authority by the arbitrator. 

Please find attached my full article with details of the Belgian court's decision and the implications for users of ICC arbitration.

Click the link below to read the full article.