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18 - The validity of an arbitral award rendered by a truncated tribunal

from PART II - International arbitration

Published online by Cambridge University Press:  07 September 2011

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Summary

It is a privilege to give the Goff Lecture, named as it is in honour of Lord Goff, one of the most distinguished – and engaging – judges of our time. And it is a pleasure to return after too long to Hong Kong, a city of remarkable vitality which today is a center of international commercial arbitration as well as of so much else.

I wish to speak about a problem of international commercial arbitration which is better known as a problem of inter-State arbitration: whether a truncated tribunal has the authority to render a valid award. The problem has been notorious in international law since the inception of modern arbitration late in the eighteenth century. It has reared its ugly head in international commercial arbitration as well.

The problem is this. Where there is the characteristic arbitral tribunal of three arbitrators, one appointed by each party, and a chairman agreed upon by the parties or the party-appointed arbitrators, and where the tribunal duly so constituted embarks upon the proceedings, schedules and receives and studies the pleadings, hears oral argument, and begins or completes its deliberations, or even begins or completes its draft award, and when, at any such point, one of the party-appointed arbitrators withdraws – walks out, indefinitely absents himself, or resigns or purports to – are the remaining two arbitrators entitled in law to render a valid award?

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Justice in International Law
Further Selected Writings
, pp. 182 - 205
Publisher: Cambridge University Press
Print publication year: 2011

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