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Excess of Powers in International Commercial Arbitration <br>Compliance with the Arbitral Tribunal's Mandate in a Comparative Perspective
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Excess of Powers in International Commercial Arbitration
Compliance with the Arbitral Tribunal's Mandate in a Comparative Perspective

by Piotr Wilinski
Edition: 2021
Was Rs.11950.00 Now Rs.10755.00
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Product Details:

Format: Hardbound
Pages: 558 pages
Publisher: Eleven International Publishing
Language: English
ISBN: 9789462369917
Dimensions: 24x16 CM
Publisher Code: 9789462369917
Date Added: 2021-03-08
Search Category: Lawbooks
Jurisdiction: International

Overview:

Although the idea of arbitral tribunal’s mandate is in everyday use in the international arbitration scholarship, it remains an elusive concept lacking any legal definition. Often associated with other notions such as the tribunal’s mission, powers, authority or even jurisdiction, the meaning of arbitral tribunal’s mandate remains a moving target and escapes easy classification.

 

Yet, perhaps somewhat surprisingly, a non-compliance with the arbitral tribunal’s mandate provides a basis for a challenge of the arbitral award at the post-award stage (either during setting aside proceedings or at the enforcement stage). Since the concept of the tribunal’s mandate is vague, it attracts, in turn, a broad interpretation of the ground leading to a frustration of the fundamental value of arbitration – the finality of the arbitral award.

 

It is therefore essential to determine how the national courts review arbitral awards on the basis of ‘excess of mandate’ and consequently in what instances  they accept the argument that the tribunal acted in violation of its mandate. This study aims at recognizing the similarities and differences of the ‘excess of mandate’ type of challenges in selected legal systems (namely  the UNCITRAL Model Law, France, England, the U.S. and the New York Convention).

 

Looking through the eyes of what the selected legal systems consider to be an ‘excess of mandate’ allows to identify common features and contributes to a better understanding of the concept of the arbitral tribunal’s mandate by arbitrators, judges and legal practitioners alike. Accordingly, this research adds a building block to the definition of the tribunal’s mandate.

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Table Of Contents:

List of Abbreviations; Part I; I Introduction; II The UNCITRAL Model Law on International Commercial Arbitration; III France and Book IV of the Code of Civil Procedure; IV England and the Arbitration Act of 1996; V The United States and the Federal Arbitration Act of 1925; VI The New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards; Part II; VII The Comparative Law Analysis; VIII Conclusions and recommendations; Annexes; List of cases; References

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