Tribunal duties Archives - Kluwer Arbitration Blog

Arbitral Tribunal, Arbitrator's decision-making, State, Treaty Amendment, Treaty Interpretation, Tribunal duties, VCLT

States’ Right to Interpret a Treaty and Whether It Should Be Binding in a Pending Case

Seung-Woon Lee (WilmerHale)/August 3, 2020August 3, 2020 /Leave a comment

The lack of a binding effect of a State’s right to interpret treaties has been raised as one of the reasons to reform the current Investor-State Dispute Settlement (“ISDS”) regime. The movement to reform the current ISDS regime led to the UNCITRAL Working Group III discussion (“WG III discussion”), which has been addressed in this…

Reasoned Awards, Set aside an arbitral award, Tribunal duties

Challenging Arbitral Awards before the Singapore Courts for a Tribunal’s Failure to Give Reasons (Part 2 of 2)

Jordan Tan, Andrew Foo (Clifford Chance Asia)/March 14, 2018March 12, 2018 /Leave a comment

Professor Stacie Strong has noted on this blog that “[c]ritics of international arbitration often express concerns about the quality of legal reasoning in arbitration, even though conventional wisdom…suggests that international arbitral awards reflect relatively robust reasoning that is often on a par with that of decisions rendered by commercial courts” . However, adopting a…

Reasoned Awards, Set aside an arbitral award, Tribunal duties

Challenging Arbitral Awards before the Singapore Courts for a Tribunal’s Failure to Give Reasons (Part 1 of 2)

Jordan Tan, Andrew Foo (Clifford Chance Asia)/March 12, 2018March 12, 2018 /1 Comment

At the end of a lengthy and complex arbitration, the tribunal issues an award that summarises the evidence and submissions of both parties, and concludes with a single paragraph which states, “For the reasons given by the Claimant, which are accepted by this Tribunal, the claim is allowed in full.” Can an award of this…