Publication Type
Journal Article
Version
publishedVersion
Publication Date
10-2018
Abstract
It is not uncommon for practitioners acting for claimants in an arbitration to encounter a respondent who chooses to boycott the arbitral process. In cases involving such “non-participating” respondents, what are the rights and obligations of each party? Specifically, insofar as Model Law jurisdictions are concerned, if a tribunal decides on jurisdiction as a preliminary issue must the non-participating respondent apply under Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) to the curial Court to review that decision, or otherwise lose the right to challenge any eventual award thereafter on jurisdictional grounds? Can the non-participating respondent surface at a later stage to set aside, or alternatively resist enforcement, of any eventual award based on jurisdictional grounds?
Discipline
Asian Studies | Dispute Resolution and Arbitration
Research Areas
Dispute Resolution
Publication
Singapore Law Gazette
Volume
Oct
ISSN
1019-942X
Publisher
LexisNexis Asia Pacific
Citation
CHAN, Darius.
Is Article 16(3) of the Model Law a ‘one-shot remedy’ for non-participating respondents in international arbitrations?. (2018). Singapore Law Gazette. Oct,.
Available at: https://ink.library.smu.edu.sg/sol_research/3041
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://lawgazette.com.sg/feature/one-shot-remedy/