[128] Others point out, however, that unlike court decisions,
arbitral decisions do not serve as precedents for other arbitrators or for any other decision - makers.
Not exact matches
In reaching this
decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii)
does not apply, where no other limb under Art 34 (2) would be engaged, would allow an
arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».
In a
decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a party's challenge to the
arbitral award, finding that the tribunal had not exceeded its mandate and
did not breach the principle of equal treatment of the parties.
Vivian Hood, Jaffe's Managing Director of Client Services, spoke on a panel at the ARIAS - U.S. Spring Conference 2014 titled «How
Does Social Media Change Hiring and
Arbitral Decisions?»
If an individual
decision is wrong on a point of law, there is often no continuing damage
done to the general legal principle because other arbitrators are unlikely to hear of that
arbitral decision and are not obliged to follow it even if they
do.
The recent
decision in District Council of Rivière
du Rempart v Alphamix Ltd and others [2017 SCJ 233] is the latest example of judicial support of the
arbitral process.