(Piotr) P Wilinski

- Location
- Burg. Oudlaan 50, Rotterdam
- wilinski@law.eur.nl
Profile
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