Part IV The Role of Arbitrators in the Development of Shipping Law, 19 Dispute Resolution in the Maritime World: Arbitrators in Support of Mediation »
Jonathan LuxFrom: The Role of Arbitration in Shipping Law
Edited By: Miriam Goldby, Loukas Mistelis
This chapter reflects on the growing influence of mediation, the features of which may provide a source of inspiration for arbitration to evolve. It argues that arbitrators have the power to stay the arbitration so as to offer a ‘mediation window’. It follows that, in exercising their discretion on costs, arbitrators should be entitled to ‘sanction’ the successful party and deprive him of some or all of his costs by reason of his failure to engage with a mediation proposal and/or refusal to mediate. Of course the London Maritime Arbitrators Association (LMAA) can put the matter beyond doubt by amending its Rules to provide expressly for such powers. Doing so will ensure that London remains the leading international dispute resolution centre for many years to come.