Imagining an International Convention on Expert Determination and Dispute Boards: Challenging Decisions

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Abstract

Expert determination (ED) and Dispute Boards (DBs) are often used to resolve disputes or differences in a wide range of commercial contracts and industries. In contrast with international commercial arbitration and mediation supported by the New York Convention and Singapore Convention on Mediation respectively, ED/DBs are not supported by an international convention that would require its Contracting States to recognise agreements on ED/DBs and enforce ED/DB decisions. Drawing on the author’s previous work advocating such a convention, this article takes a further step into an unchartered legal territory and explores another key part of its regime, namely, the grounds based on which the recognition and enforcement of ED/DB decisions may be challenged. Balancing the relevant policies and drawing on comparative research across some leading common and civil law jurisdictions and the relevant international instruments, this article proposes the grounds of challenging ED/DB decisions that should be enshrined in this convention.

Original languageEnglish
Pages (from-to)101-125
Number of pages25
JournalJournal of Business Law
Volume2024
Issue number2
Publication statusPublished - 15 Feb 2024

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