Please use this identifier to cite or link to this item:
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Keeping the Invisible Hand under Control? -Arbitrator's Mandate and Assisting Third Parties
Author(s): Yu, Hong-Lin
Ahmed, Masood
Contact Email:
Issue Date: May-2016
Date Deposited: 21-Jun-2016
Citation: Yu H & Ahmed M (2016) Keeping the Invisible Hand under Control? -Arbitrator's Mandate and Assisting Third Parties. Vindobona Journal of International Commercial Law and Arbitration, 19 (2), pp. 213-242.
Abstract: First paragraph: Facing the possibility of being forced to pay over $50 billion dollars awarded in the Yukos arbitration, unsurprisingly, the Russian Federation filed a writ at the District Court in The Hague to set aside the awards. As expected, the controversial issues related to the award of the tribunal arc listed as the grounds for setting aside; the tribunal's lack of jurisdiction under arts 21(1), 26 and 45 of the Energy Charter Treaty, invalidity of the arbitration agreemcnt, the composition of the tribunal, arbitrability of tax issues, the mandate of the tribunal, and the breach of public policy. What is interesting for researchers watching the development of the Yukos case is the RF's argument over the possible inputs contributed to the awards by the arbitral tribunal's legal assistant. In essence, the RF argues that the arbitrators delegated substantial responsibilities to the tribunal's assistant and thus breached their mandate to perform their duties personally. As a consequence, the Russian Federation contends that the award should be set aside on the grounds of art 1065(1) (c) of the DCCP.
Rights: The publisher has not yet responded to our queries therefore this work cannot be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.
Licence URL(s):

Files in This Item:
File Description SizeFormat 
Keeping the invisible hand under control.pdfFulltext - Published Version867.07 kBAdobe PDFUnder Embargo until 3000-01-01    Request a copy

Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependent on the depositor still being contactable at their original email address.

This item is protected by original copyright

Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

The metadata of the records in the Repository are available under the CC0 public domain dedication: No Rights Reserved

If you believe that any material held in STORRE infringes copyright, please contact providing details and we will remove the Work from public display in STORRE and investigate your claim.