The post-award control of the arbitral tribunal’s jurisdiction: comparative discussion between judges

Presentation

The post-award control of the arbitral tribunal’s jurisdiction by local courts gives rise to varying approaches between key arbitration places. Traditional issues, including disagreements, surrounding the validity and applicability of arbitration clauses in commercial contracts now seem largely settled. New salient issues have arisen: the extent of the local court’s control, in particular in cases arising from treaty-based arbitrations, and the impact of the parties’ conduct during the arbitration.

A panel composed of eminent magistrates (Dominique HASCHER, former judge of the French Supreme Court and of the Paris Court of Appeal, currently international judge at the Singapore International Commercial Court; Professor Sir Bernard RIX, former Lord Justice of the Commercial Court and Court of Appeal, former Member of the Cayman Islands Court of Appeal and currently international judge at the Singapore International Commercial Court; Paul GLAZENER, judge of the Court of Appeal of The Hague and the Commercial Court of Appeal of The Netherlands) will discuss these issues.

The discussion will be moderated by Laura Fadlallah (Bredin Prat).