The Arbitrator's Jurisdiction at Risk: The Case of Hybrid and Asymmetrical Arbitration Agreements

The Powers and Duties of an Arbitrator, Liber Amicorum Pierre A. Karrer, Patricia Shaughnessy, Sherlin Tung (Ed), 2017 Kluwer Law International BV, The Netherlands, Chapter 38.

14 Pages Posted: 1 May 2019

See all articles by Jane Willems

Jane Willems

Tsinghua University - School of Law

Date Written: September 1, 2016

Abstract

This article considers the extent to which flexibility in the drafting of arbitration agreements will be recognized and enforced at the arbitration proceedings by arbitral tribunals or by state courts. This article focuses on the issues raised by the interpretation and the enforcement of commonly adopted arbitration clauses known as hybrid clauses (which either amalgamate features of institutional arbitration with ad-hoc arbitration or provide for chosen institutions to administer arbitration by another institution’s rules, or a fusion of the two) and asymmetrical arbitration clauses (which grant one or both parties to the agreement the option to arbitrate in one of a number of chosen fora or either arbitrate or litigate)

Keywords: Party autonomy, international arbitration, hybrid arbitration agreements, asymmetrical arbitration agreements, party autonomy, ad-hoc arbitration, administered arbitration, options

Suggested Citation

Willems, Jane, The Arbitrator's Jurisdiction at Risk: The Case of Hybrid and Asymmetrical Arbitration Agreements (September 1, 2016). The Powers and Duties of an Arbitrator, Liber Amicorum Pierre A. Karrer, Patricia Shaughnessy, Sherlin Tung (Ed), 2017 Kluwer Law International BV, The Netherlands, Chapter 38., Available at SSRN: https://ssrn.com/abstract=3362746 or http://dx.doi.org/10.2139/ssrn.3362746

Jane Willems (Contact Author)

Tsinghua University - School of Law ( email )

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