Errors of Law in Arbitration: Revisited

08/25/2021 02:30 pm 08/25/2021 03:30 pm Australia/Melbourne Errors of Law in Arbitration: Revisited

Arbitration is an internationally-accepted means of resolving cross-border business disputes, which leads to final and binding awards.

Despite the absence of appeals on merits in international commercial arbitration, arbitral awards are often unsuccessfully challenged before national courts on the basis of alleged errors of law.

In this webinar,  Dr Ben Hayward will draw upon case law from the key Asia-Pacific seats of Singapore and Hong Kong to explore the extent to which awards might still legitimately be challenged where arbitrators err in identifying the governing substantive law in the first place.

This analysis has implications for the practice of arbitration in Australia, which - like Singapore and Hong Kong - has adopted the New York Convention and the UNCITRAL Model Law as the basis of its international arbitration legislation.

Speaker

Dr Ben Hayward, Department of Business Law and Taxation, Monash Business School

Dr Hayward is a legal academic whose research spans the fields of private international law, international commercial arbitration and international sale of goods. He has published widely in these fields, regularly contributes to law reform and rule reform consultations, and has presented his research in Australia and abroad. Through his research, Dr Hayward aims to assist businesses to make the most of their international trading opportunities.

Event Chair: Dr Luke Nottage, Professor at the University of Sydney Law School and Special Counsel at Williams Trade Law

Organised by

The International Trade and International Commercial Law research group (ITICL) and the Asia Pacific Regulation Research Group (APRRG) from the Department of Business Law and Taxation, Monash Business School.

Register via Zoom

Event Details

Date:
25 August 2021 at 2:30 pm – 3:30 pm
Venue:
Online
Categories:
Business Law and Taxation; General

Description

Arbitration is an internationally-accepted means of resolving cross-border business disputes, which leads to final and binding awards.

Despite the absence of appeals on merits in international commercial arbitration, arbitral awards are often unsuccessfully challenged before national courts on the basis of alleged errors of law.

In this webinar,  Dr Ben Hayward will draw upon case law from the key Asia-Pacific seats of Singapore and Hong Kong to explore the extent to which awards might still legitimately be challenged where arbitrators err in identifying the governing substantive law in the first place.

This analysis has implications for the practice of arbitration in Australia, which - like Singapore and Hong Kong - has adopted the New York Convention and the UNCITRAL Model Law as the basis of its international arbitration legislation.

Speaker

Dr Ben Hayward, Department of Business Law and Taxation, Monash Business School

Dr Hayward is a legal academic whose research spans the fields of private international law, international commercial arbitration and international sale of goods. He has published widely in these fields, regularly contributes to law reform and rule reform consultations, and has presented his research in Australia and abroad. Through his research, Dr Hayward aims to assist businesses to make the most of their international trading opportunities.

Event Chair: Dr Luke Nottage, Professor at the University of Sydney Law School and Special Counsel at Williams Trade Law

Organised by

The International Trade and International Commercial Law research group (ITICL) and the Asia Pacific Regulation Research Group (APRRG) from the Department of Business Law and Taxation, Monash Business School.

Register via Zoom