CEU Electronic Theses and Dissertations, 2014
| Author | Mickus, Pranas Mykolas |
|---|---|
| Title | Possibility of expanding judicial review mechanism in arbitration by party agreement |
| Summary | Arbitration is an alternative dispute resolution mechanism that provides for speedy and efficient settlement of disputes. Arbitral awards are viewed as final and binding. However, parties sometimes try to expand judicial review mechanism by agreement. This paper analyzes such a possibility, by assessing the compatibility of expanded judicial review with the nature of arbitration, especially given the fact that parties increasingly want to have an appeal mechanism in international commercial arbitration. Also, the validity of arbitration agreements containing expanded judicial review is discussed in the light of case law from different jurisdictions, emphasizing that arbitration agreements containing expanded judicial review mechanism are invalid. Analysis is concluded by evaluating pros and cons of allowing expanded judicial review, as well as it gives suggestions on how parties could contract for appeal and review mechanism on merits. |
| Supervisor | Várady, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2014/mickus_pranas.pdf |
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