The Enforceability of Agreements Expanding / Limiting Grounds for Recourse against an Arbitral Award

YOUNGSCHOLAR SERIES

The Enforceability of Agreements Expanding or Limiting Grounds forRecourse against an Arbitral Award

Ryo Shimokage
Graduate Student, Doshisha University

A Talk on Monday, 5 February 2018, 6 pm to 7 pm
in Room 6.01, 6th Floor, Cheng Yu Tung Tower, Centennial Campus,HKU 

About the Seminar :
In international arbitration, parties often enter into an agreement expandingor limiting the scope for recourse against an arbitral award. For instance,where parties have agreed to use the 2017 ICC Arbitration Rules, Article 35(6)provides:    

“Everyaward shall be binding on the parties. By submitting the dispute to arbitrationunder the Rules, the parties undertake to carry out any award without delay andshall be deemed to have waived their right to any form of recourse insofar assuch waiver can validly be made.” 

To what extent would such a clause be enforceable? To what extent can”such waiver validly be made”? What happens in the converse situationwhere parties agree that an award may be challenged on grounds that areadditional to those set out in the UNCITRAL Model Law or New York Convention?Will courts be prepared to apply those further grounds, when deciding whetherto set aside an award or to recognise and enforce the same? This talk willexplore these and related questions from a comparative perspective.    

Those interested inattending are requested to register at https://goo.gl/MJv6xYbefore 5 pm on Friday, 2 Feb. 2018.