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Appealing the SIAC Court's Decisions on Arbitrator Challenges: A Case for Reassessing Rule 16.4.
- Source :
-
ASA Bulletin . 2022, Vol. 40 Issue 1, p61-74. 14p. - Publication Year :
- 2022
-
Abstract
- Rule 16.4 of the SIAC Rules precludes parties from appealing the SIAC Court's decisions on arbitrator challenges as opposed to Rule 40.2, which specifically preserves the right of the parties to appeal the SIAC Court's decision on challenge rendered under Article 16. In this case, it is difficult to discern whether the parties are entitled to appeal the decision or not. The article purports to address this conflict by undertaking cross-jurisdictional analysis and exploring the interplay of Rule 16.4 with Article 13 of the UNCITRAL Model Law. The article also explores various contractual and statutory interpretation rules to reconcile Rule 16.4 and Rule 40.2, and proposes the linguistic modifications to Rule 16.4 and Rule 40.2 to resolve the conflict. [ABSTRACT FROM AUTHOR]
Details
- Language :
- English
- ISSN :
- 10109153
- Volume :
- 40
- Issue :
- 1
- Database :
- Academic Search Index
- Journal :
- ASA Bulletin
- Publication Type :
- Academic Journal
- Accession number :
- 164147783
- Full Text :
- https://doi.org/10.54648/asab2022006