Publication Type

Journal Article

Version

acceptedVersion

Publication Date

10-2020

Abstract

The remedies that award debtors have under Articles 16(3), 34 and 36 of the Model Law, and more critically the inter-relationship between those remedies, has attracted much debate. Yet there is a dearth of analysis on how the availability of each remedy may differ according to the award debtor’s degree of participation in the arbitral pro- cess. Such analysis carries significant practical value for parties in considering whether and to what extent they should participate in any arbitral process when they harbour jurisdictional objections. This article distils Singapore’s experience, describing how Singapore has implemented the ‘choice of remedies’ principle for participating, non- participating, and boycotting respondents with jurisdictional objections, with compara- tive observations from Hong Kong, England, and New Zealand. This article shows that the ultimate matrix of remedies chosen by Singapore is far from straightforward. The question whether a respondent has participated in the arbitral process is also a vexed one. The analysis in this article begs the question whether in pursuit of harmonization future reforms to the Model Law ought to be considered.

Discipline

Dispute Resolution and Arbitration | International Trade Law

Research Areas

Dispute Resolution; Asian and Comparative Legal Systems

Publication

Arbitration International

Volume

36

Issue

4

First Page

529

Last Page

556

ISSN

0957-0411

Identifier

10.1093/arbint/aiaa029

Publisher

Oxford Academic

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1093/arbint/aiaa029

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