Appeal, Arbitral Award, Arbitration Award, Arbitration Awards, Awards, Final Award, Finality, Fraud, Revision of Award

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One of the great advantages of arbitration is that it is a “one-shot” dispute resolution mechanism that does not allow for a series of appeals. Indeed, many users stress the finality of awards and the lack of an appeals mechanism as a valuable characteristic of arbitration. However, there may be situations where the “one shot”…

Arbitral seat, Germany

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Frankfurt am Main (“Frankfurt“) – Germany’s No. 1 city for international arbitration – could serve as a cost-effective and safe seat for international disputes. A “safe seat” of arbitration offers a fair, just and cost-efficient dispute resolution mechanism by offering effective arbitral law and practice (see here). The criteria for distinguishing a safe seat of arbitration…

Arbitral Award, e-signatures, Foreign arbitral awards, LCIA Rules, New York Convention

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Electronic signatures (e-signatures) may affect in some cases arbitration’s most valuable characteristic: the enforceability of the arbitral award. In most jurisdictions, and in particular pursuant to Article 31(1) of the UNCITRAL Model Law on International Commercial Arbitration, arbitral awards must be rendered in writing and contain the arbitrators’ signatures. The enforceability risks of authenticating an arbitral…

Annulment, conflict of interest, Costa Rica, Duty to Disclose, Latin America

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The Costa Rican court in charge of deciding upon arbitral matters recently set aside an award on the ground of the arbitrator’s failure to disclose a circumstance that could be found in the case file. In a five-page judgment dated June 27, 2019,1)Judgment from 27 June 2019, PH Chucás S.A. v. Instituto Costarricense de Electricidad,…