Making Remission and Other 'Curative' Mechanisms Part of the Forum Shopping Conversation - A View from the U.S. With Comparative Notes
Forum Shopping in the International Commercial Arbitration Context (Franco Ferrari ed.), Sellier European Law Publishers, 2013
45 Pages Posted: 18 Sep 2017
Date Written: 2013
That international commercial arbitration has a human dimension can readily be confirmed by examining the defects that from time to time slip into arbitral awards. The process by which awards (or draft awards) are perfected or otherwise brought into a serviceable form - sometimes referred to in this essay as "curative mechanisms" - vary as to their architecture, legal source, and the essential actors involved. Nor do all systems of adjudication share the same complement of these devices or coordinate them to the same extent.
The aim of this essay is to examine in light of surrounding policies and interests, legal sources, and the chief participants in the process, the principal types of curative mechanisms that operate in international commercial arbitration. Organizationally, this essay moves from general to specific with its final actions representing an effort to reprise earlier material at a more granular level. The emphasis will be on remission. Apart from its implications for choice of arbitral seat and related matters, remission is of particular interest because it has been underexplored in the literature and because it represents a common law doctrine that is in the process of being transplanted elsewhere. These comparisons in turn shed light on whether remission policies and the other admittedly tertiary curative mechanisms should affect the choice of an arbitral seat.
Keywords: international commercial arbitration, international arbitration, arbitration awards, arbitral awards, remission, arbitral seat
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