Will the Winds of Change on Internal Appellate Proceedings In Arbitration Reach Asia? - Part 1

Abstract

This article discusses the tension between the desire for swift and final decisions in arbitration and unsuccessful parties’ desire to seek redress for erroneous decisions. A result of this is the increasing adoption by international arbitral institutions of internal mechanisms of appellate review. This part of the article introduces the internal review process of the European Court of Arbitration and discusses the contrasting lack of such processes under Asian commercial arbitration rules. Part 2, which will be published in July 2015, will discuss internal review processes under the rules of a number of other arbitral institutions.