Mathias Wittinghofer, a partner in the Frankfurt office of Herbert Smith Freehills has published an article on predictability in international arbitration, arguing that it is not inherently a good thing. The article argues that flexibility and party autonomy are of greater importance to users of arbitration. It sets out advantages of flexibility in arbitration, noting that this flexibility is what makes arbitration attractive to parties in a cross-border or complex dispute. To read the full article please click here.
This article was first published in the Austrian Yearbook on International Arbitration 2017.