Alexander Archner recently published an article on the ZPO-Blog
Our Hamburg-based colleague Alexander Archner recently published an article on the ZPO-Blog about the scrutiny of arbitral awards.
Most practitioners associate "scrutiny" with the ICC. But at least 27 arbitral institutions worldwide run their own review models – and they differ substantially in scope, procedure and transparency.
In his latest article on the ZPO Blog, Alexander Archner examines:
▸ Why scrutiny can be a powerful tool for securing enforceability
▸ Where it may collide with the arbitrator‘s freedom to take a fully independent and uninfluenced decision and the parties' right to be heard
▸ A four-part framework – transparency, composition of the reviewing body, multi-stage review and recourse against the scrutiny itself – for evaluating any institution's model
Whether you draft arbitration clauses, sit as arbitrator or represent a party in an arbitral proceeding, this is worth a close read.
Read the full article (in German) here: https://lnkd.in/eFMSv_up