Solomon Mcharo’s Reviews > Redfern and Hunter on International Arbitration > Status Update

An arbitral award may usually be set aside if a national court of the place of arbitration finds (on its own initiative) that the award is in conflict with the public policy of its own country.

Similarly, a pharmaceutical company may produce a particular drug under license, then decide to manufacture and market a competing product under its own name, claiming that there is nothing in the license agreement to prevent it doing so.

In the unlikely situation of the respondent’s acquiescence without reservation, the arbitration agreement will have been deemed waived and the court action will proceed

As a result, most modern arbitration rules allow for the conduct of oral hearings at any location that the tribunal considers appropriate.

In modern times , it is common practice for preliminary meetings to be conducted by teleconference or video conference.

An arbitration may be said to be ‘owned’ by the parties, just as a ship is owned by shipowners. But the ship is under the day-to-day command of the captain, to whom the owners hand control.

Indeed, French law prohibits arbitrators from administering oaths:’The arbitral tribunal may call upon any person to provide testimony. Witnesses shall not be sworn in’