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What’s Next? – Practical Ponderings on Arbitrators and Overturned Jurisdictional Awards
What’s Next? – Practical Ponderings on Arbitrators and Overturned Jurisdictional Awards
Lara Pair
There are a number of questions that influence how arbitration treats cases in which an award is challenged successfully. A court overturns an award declining jurisdiction, but what’s next? The authors argues that the easy and most practical answer would be for the arbitrator to resume the case and render an award on the merits. This conclusion is however not easy to justify. In the author's view, which we invite you to discover on Kluwer Arbitration Blog, a general answer to “remand” the case to the original arbitrators is arguably not sufficient. Sometimes it may be more appropriate to appoint another tribunal, or even let the courts decide.