A chapter by Marnix Leijten and Matthias Kuscher titled ‘What Makes Challenges Challenging?’ has been included in the liber amicorum for John Beechey, until recently President of the ICC Court of International Arbitration.
The chapter explains the basis for the perception that challenges are both one of the most critical and one of the most taxing functions of the ICC Court.
A passage from the introduction: “First, we examine one truth that is widely held to be self-evident, namely that challenges in international arbitration are a growth industry (1). We proceed to consider two challenges in a topical area that appear superficially similar, but may lead to diametrically opposed decisions from the ICC Court, to illustrate the tensions inherent in an intensely fact-driven process (2). Staying within the same topical area, we finally evaluate the potential impact the ICC Court can have outside the narrow confines of deciding a specific challenge to shape policy and stimulate self-regulation in response to legitimate concerns of users of international arbitration (3).”
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