The Enforceability of Agreements Expanding / Limiting Grounds for Recourse against an Arbitral Award
organized by Faculty of Law
Viewed by HKU and Public
Event Type: Public Lecture/Forum/Seminar/Workshop/Conference/Symposium
Event Discipline: Law and Politics

YOUNG SCHOLAR SERIES

The Enforceability of Agreements
Expanding or Limiting Grounds for Recourse against an Arbitral Award

Ryo Shimokage
Graduate Student, Doshisha University

A Talk on Monday, 5 February 2018 // 6 pm to 7 pm in Room 6.01, 6th Floor, Cheng Yu Tung Tower, Centennial Campus, HKU

About the Seminar :
In international arbitration, parties often enter into an agreement expanding or limiting the scope for recourse against an arbitral award. For instance, where parties have agreed to use the 2017 ICC Arbitration Rules, Article 35(6) provides:

"Every award shall be binding on the parties. By submitting the dispute to arbitration under the Rules, the parties undertake to carry out any award without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made."

To what extent would such a clause be enforceable? To what extent can "such waiver validly be made"? What happens in the converse situation where parties agree that an award may be challenged on grounds that are additional to those set out in the UNCITRAL Model Law or New York Convention? Will courts be prepared to apply those further grounds, when deciding whether to set aside an award or to recognise and enforce the same? This talk will explore these and related questions from a comparative perspective.

About the Speaker :
Ryo Shimokage holds an LLB from Doshisha University and is currently studying for a joint LLM degree from Doshisha and Zurich Universities. He is in Hong Kong to serve as a marshall at the Regional Office Asia Pacific of the Hague Conference on Private International Law.

About the Series :
This talk is part of a series of occasional talks by young legal scholars on their areas of interest and research. Anyone interested in giving a future talk should get in touch with Professor Anselmo Reyes (reyes.anselmo@gmail.com).

The talk is open to all without charge. Those interested in attending are requested to register before 5 pm on Friday 2 February 2018.

For inquiries, please email Coria Cheng at coria@hku.hk

Date/Time 05/02/2018 18:00-19:00 Venue Room 6.01, 6th Floor, Cheng Yu Tung Tower, Centennial Campus, The University of Hong Kong Language English

Registration is open from 10/01/2018 12:30(HKT) to 02/02/2018 17:00(HKT) on a first-come-first-served basis. The registration quota for this event is 35. Registrants will be placed on a waiting list if the registration quota is reached.