Do we need an appellate mechanism to
control arbitral tribunals?
Not exact matches
Further, courts have taken into account the wide discretion vested in
arbitral tribunals to organize and
control the
arbitral proceedings.856
International arbitration is a Shearman trademark, and during the time of our research it was fighting for the largest potential award in
arbitral tribunal history, a whopping $ 50 billion from Russia on behalf of former
controlling shareholders of bankrupt oil giant Yukos.
In such a fashion, courts should only intervene in order to assist the
tribunal (e.g. the
arbitral tribunal is not empowered to issue precautionary measures) or to
control the lawfulness - not the merits - of the award (e.g. annulment action).
If parties deny the existence of requested documents or the fact that they are in their
control, the
arbitral tribunal may be left with «few options but to accept that explanation» (O'Malley, 2012, 46).