Arbitrators are sometimes appointed in order to settle not necessarily an actual dispute, but some terms in a contract.
These situations arise out of arbitrations in the field of oil and gas to revise the price or in the field of telecommunications to fix the level of royalties according to FRAND terms.
- Does this situation arise on a regular basis? Does this correspond to an increasing trend?
- What is the scope of the arbitrators’ role and duties in these cases?
- What is the difference with an expert?