This year, ArbCEE makes its debut at the Berlin Dispute Resolution Days bringing together leading arbitration practitioners from across Europe to explore a deceptively simple question with far-reaching consequences – what happens when a state court finds a defect in an arbitral award?
Across Europe, arbitration laws take strikingly different approaches. Some courts may set aside an award and send the case back to the tribunal. Others can suspend annulment proceedings and give the tribunal an opportunity to cure the defect before the award is set aside. In other jurisdictions, there is no remand at all – and the parties may have to start the arbitration afresh.
Drawing on perspectives from different European jurisdictions, the panel will compare the available approaches in law and practice and explore their key trade-offs. When does curing an award promote efficiency and when might it create new risks? Should the same arbitrators hear the case again? The discussion will also examine how arbitral institutions navigate the different national regimes in practice, including questions of tribunal mandate, reappointment or replacement of arbitrators, fees and case administration.
Join us for coffee and breakfast, and take the opportunity to catch up and connect with fellow arbitration practitioners.
