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 (…