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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

What’s Next? – Practical Ponderings on Arbitrators and Overturned Jurisdictional Awards

  • Article Summary: When a state court overturns an arbitral tribunal's preliminary award on jurisdiction, arbitrators face complex procedural choices regarding their continued mandate and liability for costs. The article explores whether tribunal members can resume proceedings on the merits if higher courts reverse the setting-aside ruling, or whether they must issue a final award terminating the dispute. This analysis highlights practical dilemmas surrounding tribunal authority, res judicata effects, and cost allocation after set-aside decisions.
  • Kluwer Arbitration Blog

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.