IBA Annual Conference Copenhagen 2026

4 Oct - 9 Oct 2026

Session information

Judges as neutrals: the role of sitting judges in arbitration and mediation

Thursday 8 October (1430) - Friday 9 October (1545)

Committee(s)

Dispute Resolution Section (Lead)
Arbitration Committee
Class Actions Committee
Judges' Forum
Litigation Committee
Mediation Committee
Negligence and Damages Committee

Description

In some jurisdictions, sitting judges may concurrently serve as arbitrators. Do such dual roles give rise to challenges in terms of impartiality, procedural integrity and public perception?  How do they impact litigation in connection with the arbitration? Do they interfere with the performance of judicial duties? And does it differ from judges acting as mediators?  This session explores the rationale behind permitting such roles, the potential benefits and the risks involved, offering comparative insights across jurisdictions.