To boycott proceedings or not? Recourse against arbitral awards on jurisdictional grounds by different categories of respondents under the Model Law
The remedies that award debtors have under Articles 16(3), 34 and 36 of the Model Law, and more critically the inter-relationship between those remedies, has attracted much debate. Yet there is a dearth of analysis on how the availability of each remedy may differ according to the award debtor’s deg...
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sg-smu-ink.sol_research-51592021-06-08T05:16:40Z To boycott proceedings or not? Recourse against arbitral awards on jurisdictional grounds by different categories of respondents under the Model Law CHAN, Darius NEOH, Claire The remedies that award debtors have under Articles 16(3), 34 and 36 of the Model Law, and more critically the inter-relationship between those remedies, has attracted much debate. Yet there is a dearth of analysis on how the availability of each remedy may differ according to the award debtor’s degree of participation in the arbitral pro- cess. Such analysis carries significant practical value for parties in considering whether and to what extent they should participate in any arbitral process when they harbour jurisdictional objections. This article distils Singapore’s experience, describing how Singapore has implemented the ‘choice of remedies’ principle for participating, non- participating, and boycotting respondents with jurisdictional objections, with compara- tive observations from Hong Kong, England, and New Zealand. This article shows that the ultimate matrix of remedies chosen by Singapore is far from straightforward. The question whether a respondent has participated in the arbitral process is also a vexed one. The analysis in this article begs the question whether in pursuit of harmonization future reforms to the Model Law ought to be considered. 2020-10-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/3201 info:doi/10.1093/arbint/aiaa029 https://ink.library.smu.edu.sg/context/sol_research/article/5159/viewcontent/aiaa029.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Dispute Resolution and Arbitration International Trade Law |
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Dispute Resolution and Arbitration International Trade Law CHAN, Darius NEOH, Claire To boycott proceedings or not? Recourse against arbitral awards on jurisdictional grounds by different categories of respondents under the Model Law |
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The remedies that award debtors have under Articles 16(3), 34 and 36 of the Model Law, and more critically the inter-relationship between those remedies, has attracted much debate. Yet there is a dearth of analysis on how the availability of each remedy may differ according to the award debtor’s degree of participation in the arbitral pro- cess. Such analysis carries significant practical value for parties in considering whether and to what extent they should participate in any arbitral process when they harbour jurisdictional objections. This article distils Singapore’s experience, describing how Singapore has implemented the ‘choice of remedies’ principle for participating, non- participating, and boycotting respondents with jurisdictional objections, with compara- tive observations from Hong Kong, England, and New Zealand. This article shows that the ultimate matrix of remedies chosen by Singapore is far from straightforward. The question whether a respondent has participated in the arbitral process is also a vexed one. The analysis in this article begs the question whether in pursuit of harmonization future reforms to the Model Law ought to be considered. |
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CHAN, Darius NEOH, Claire |
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CHAN, Darius NEOH, Claire |
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CHAN, Darius |
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To boycott proceedings or not? Recourse against arbitral awards on jurisdictional grounds by different categories of respondents under the Model Law |
title_short |
To boycott proceedings or not? Recourse against arbitral awards on jurisdictional grounds by different categories of respondents under the Model Law |
title_full |
To boycott proceedings or not? Recourse against arbitral awards on jurisdictional grounds by different categories of respondents under the Model Law |
title_fullStr |
To boycott proceedings or not? Recourse against arbitral awards on jurisdictional grounds by different categories of respondents under the Model Law |
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To boycott proceedings or not? Recourse against arbitral awards on jurisdictional grounds by different categories of respondents under the Model Law |
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to boycott proceedings or not? recourse against arbitral awards on jurisdictional grounds by different categories of respondents under the model law |
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Institutional Knowledge at Singapore Management University |
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2020 |
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https://ink.library.smu.edu.sg/sol_research/3201 https://ink.library.smu.edu.sg/context/sol_research/article/5159/viewcontent/aiaa029.pdf |
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