Applicable Law, Arbitration, Arbitration Agreement, Courts, New York Convention, UNCITRAL Model Law

(National University of Singapore, Faculty of Law)/ /Leave a comment

Part 1 of this blog argued that courts that are asked to resolve Article 8(1) Model Law disputes should adopt a deferential approach to tribunal competence under both a contextual and purposive interpretation of the Model Law or similar provisions aimed at giving effect to Art II(3) NYC. On this proposed view, such a court…

Applicable Law, Arbitration, Arbitration Agreement, Courts, New York Convention, UNCITRAL Model Law

(National University of Singapore, Faculty of Law)/ /1 Comment

A crucial issue in arbitration is determining the proper relationship between courts and the arbitration process. In addition to court challenges to preliminary jurisdictional decisions by arbitrators and court applications to annul awards or prevent enforcement, a number of other court actions also raise relationship issues. This blog is concerned with scenarios such as commencement…

Arbitration, IBA Guidelines on Party Representation

(National University of Singapore, Faculty of Law)/ /1 Comment

There are many uncertainties in relation to the proper behavior of counsel in arbitration, in particular, in terms of avoiding conflicts of interest, identifying minimum ethical standards, and the overriding question of tribunal control. These uncertainties arise for two main reasons. The first is the lack of consensus as to whether arbitrators have powers of…