(Piotr) P Wilinski

(Piotr) P Wilinski
Assistant Professor Erasmus School of Law Handelsrecht
Location
Burg. Oudlaan 50, Rotterdam
Email
wilinski@law.eur.nl

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Excess of Powers in International Commercial Arbitration.

Compliance with the arbitral tribunal mandate from a comparative perspective.

Although the idea of arbitral tribunal’s mandate is in everyday use in the international arbitration scholarship, it remains an elusive concept lacking any legal definition. Often associated with other notions such as the tribunal’s mission, powers, authority or even jurisdiction, the meaning of arbitral tribunal’s mandate remains a moving target and escapes easy classification.

Yet, perhaps somewhat surprisingly, a non-compliance with the arbitral tribunal’s mandate provides a basis for a challenge of the arbitral award at the post-award stage (…

Excess of Powers in International Commercial Arbitration.

Compliance with the arbitral tribunal mandate from a comparative perspective.

Although the idea of arbitral tribunal’s mandate is in everyday use in the international arbitration scholarship, it remains an elusive concept lacking any legal definition. Often associated with other notions such as the tribunal’s mission, powers, authority or even jurisdiction, the meaning of arbitral tribunal’s mandate remains a moving target and escapes easy classification.

Yet, perhaps somewhat surprisingly, a non-compliance with the arbitral tribunal’s mandate provides a basis for a challenge of the arbitral award at the post-award stage (either during setting aside proceedings or at the enforcement stage). Since the concept of the tribunal’s mandate is vague, it attracts, in turn, a broad interpretation of the ground leading to a frustration of the fundamental value of arbitration – the finality of the arbitral award.

It is therefore essential to determine how the national courts review arbitral awards on the basis of “excess of mandate” and consequently in what instances they accept the argument that the tribunal acted in violation of its mandate. This study aims at recognizing the similarities and differences of the “excess of mandate” type of challenges in selected legal systems (namely the UNCITRAL Model Law, France, England, the U.S. and the New York Convention).

Looking through the spectacles of what the selected legal systems consider to be an “excess of mandate” and identifying common features contributes to a better understanding of the concept of the arbitral tribunal’s mandate itself. Accordingly, this research’s objective is to add a building block to the definition of the tribunal’s mandate.

      • P. Wilinski (2019). Should the Miami Draft be given a second chance? The New York Convention 2.0. Spain Arbitration Review / Revista del Club Español de Arbitraje, 2019 (34), 77-90. [go to publisher's site]
      • G. Alvarez, B. Blasikiewicz, T. van Hoolwerff, K. Koutouzi, N. Lavranos, M. Mitsi, E. Spiteri-Gonzi, A. Verdegay Mena & P. Wilinski (2016). A response to the criticism against ISDS by EFILA. Journal of International Arbitration, 2016 (1).
      • P. Wilinski (2011). Emergence of lis pendens arbitralis in Europe. Is it called for? ADR Arbitraz i Mediacja, 2011 (3).
      • P. Wilinski (2010). Skuteczność umowy o arbitraż. ADR Arbitraz i Mediacja, 2010 (4).
        • P. Wilinski (2019, oktober 17). Competing powers. Why the tribunal’s (adjudicative) mission should trump a supremacy of (procedural) party autonomy. University of Missouri, American Society of Comparative Law 2019 Annual Meeting Program.
        • P. Wilinski (2018, april 4). Should the Miami Draft Be Given a Second Chance? Or the New York Convention 2.0. Sevilla, International Conference: 60 Years of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Key Issues and Future Challenges.
  • Nauta Dutihl

    Start date approval
    Feb/2018
    End date approval
    Is current
    Place
    ROTTERDAM
  • Research & Writing Skills

    Title
    Research & Writing Skills
    Year
    2019
    Year level
    (master)

    Research & Writing Skills

    Title
    Research & Writing Skills
    Year
    2019
    Year level
    (master)

    Research & Writing Skills (ITL)

    Title
    Research & Writing Skills (ITL)
    Year
    2019
    Year level
    (master)

    Trade Finance Law

    Title
    Trade Finance Law
    Year
    2019
    Year level
    (master)

    Willem C. Vis Moot Court

    Title
    Willem C. Vis Moot Court
    Year
    2019
    Year level
    (master)

    Fundamentals of Arbitration Law

    Title
    Fundamentals of Arbitration Law
    Year
    2019
    Year level
    (master)

    Research and Writing Skills (IABL)

    Title
    Research and Writing Skills (IABL)
    Year
    2019
    Year level
    (master)

    Investment Arbitration

    Title
    Investment Arbitration
    Year
    2019
    Year level
    (master)

    Master thesis Commercial and Company Law

    Title
    Master thesis Commercial and Company Law
    Year
    2019

    Master thesis Maritime & Transport Law

    Title
    Master thesis Maritime & Transport Law
    Year
    2019

    Master thesis International Trade Law

    Title
    Master thesis International Trade Law
    Year
    2019

    Master thesis Int. Arbit. and Bus. Law

    Title
    Master thesis Int. Arbit. and Bus. Law
    Year
    2019
  • Assistant Professor

    University
    Erasmus University Rotterdam
    School
    Erasmus School of Law
    Department
    Handelsrecht
    Country
    The Netherlands

Address

Visiting address

Burg. Oudlaan 50 3062 PA Rotterdam

Postal address

Postbus 1738 3000 DR Rotterdam