Title of Research: Testing the arbitral Tribunal’s Mandate in International Commercial Arbitration. When Does the Tribunal Transgress its Authority?
Promotor: Prof. F.J.M. De Ly
The arbitral tribunal’s mandate to resolve a dispute between parties comes with the obligation not to exceed the authority. Consequently, if the power is abused, parties will have a legitimate right of recourse to the court against the arbitral award.
At the enforcement stage, Article V(1)(c) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards will be the starting point for a recourse against a tribunal's actions in excess of its mandate. Pursuant to said proviso, the tribunal shall not decide on '…