Due Process in International Commercial Arbitration - download pdf or read online
By Matti S. Kurkela, Santtu Turunen, Conflict Management Institute (COMI)
This can be the 1st ebook to spot a common procedural code for foreign advertisement arbitration. This informative and well-argued dialogue of a uniform code for due procedure is an invaluable relief for either practitioners and students. greater than only a precious table reference, this e-book uncovers a unifying arbitration precept in gentle of the variety of nationwide traditions. The authors reveal how this unifying precept may well identify a brand new general process in arbitration legislation. Guiding the reader via a step by step research of due method in overseas advertisement arbitration, the ebook is finished with no being esoteric. Due technique in overseas advertisement Arbitration, moment version hence is helping either practitioners new to arbitration method and skilled legal professionals searching for a state of the art dialogue of due procedure matters. it may be used as a instruction manual for legal professionals engaged in arbitral disputes. to supply the mandatory counsel for attorneys short of speedy, trustworthy details, authors Matti Kurkela and Santtu Turunen replace readers at the a number of alterations made to arbitration legislation because the book's 2005 variation. much more helpfully, Kurkela and Turunen have further new chapters to teach attorneys what to anticipate in the middle of an arbitration continuing: a bankruptcy on procedural ideas from the recent York conference and a bankruptcy on jurisdiction coming up from assets open air the arbitration contract. As businesses have interaction in additional globalized trade, and as arbitrators get to the bottom of extra overseas criminal disputes, this source presents either the large history and the short reference info essential to comprehend the complexities of arbitration technique. a radical desk of Contents, Index, and Appendix of fundamental records facilitate practitioners' examine during this important ebook. This new edition's stability of comprehensiveness and concision make it a one-stop source for arbitration legal professionals worldwide.
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Extra info for Due Process in International Commercial Arbitration
1 INTRODUCTION The New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards (“the Convention”) has been one of the key factors in arbitration becoming an internationally accepted and adopted method of dispute resolution. , the jurisdiction where the decision was given). This very limited enforceability has been extended by a number of bilateral and multilateral treaties. The international enforceability of decisions of State courts, despite the many safeguards of legal protection including appeal, is still far behind the enforceability of arbitral awards.
The real question is whether, where there is misconduct of that kind, it is such as should attract an exercise of the discretion which s42(1) affords to the court, on the application of a party to the arbitration agreement, to set aside the award either in whole or in part. It is unlikely that a court would exercise its discretion in that way, even in the case of a denial of natural justice, unless the denial was such as (to use the words of Isaacs J in Melbourne Harbour Trust Commissioners v Hancock (1927) 39 CLR 570 at 588) “has or may have unjustly prejudiced a party” in a respect material to the outcome of the arbitration (of Doran Constructions Pty Ltd v Health Administration Corporation (NSW) (1994) 12 BCL 59 at 62–63 and Van Dongen v Cooper  WAR 143 at 145).
Ackner LJ, in the same case said (at 76) “if an arbitrator considers that the parties or their experts have missed the real point—a dangerous assumption to make. —then it is not only a matter of obvious prudence, but the arbitrator is obliged, in common fairness or, as it is PUBLIC POLICY 19 opportunity to be heard about the public policy question is closely connected with a party’s right to an opportunity to present its case. Under the Convention, it is beyond any doubt that a competent national authority may refuse enforcement both when the public policy issue has been considered by the arbitral panel and when it was not brought up at all in the proceedings by the parties or sua sponte by the members of the arbitral panel.
Due Process in International Commercial Arbitration by Matti S. Kurkela, Santtu Turunen, Conflict Management Institute (COMI)