Piotr Wilinski awarded honorable mention by jury of CEPANI Academic Prize
16 June 2023
Doctoral Dissertation of Piotr Wilinski – Professional Support Lawyer at Litigation and Arbitration Practice - was awarded an Honorable Mention by the Jury of the CEPANI Academic Prize.
The jury explained, that the thesis’ comparative approach follows a structured methodology with extensive research provided in support. This too is a very easy read of a complex topic. The jury also commended that “from a practical point of view, the litigator, in particular, will value this book immensely as it not only provides answers to all questions on the tribunal’s mandate, but is also a source of inspiration. Arbitrators, too, will be well-advised to have this excellent thesis at hand.”
Wilinski’s thesis deals with the notion of arbitral tribunal’s mandate which is in everyday use in the international arbitration scholarship. Yet, it remains an elusive concept lacking any legal definition. Often associated with other notions such as the tribunal’s mission, powers, authority or even jurisdiction, the meaning of arbitral tribunal’s mandate remains a moving target and escapes easy classification.
At the same time a non-compliance with the arbitral tribunal’s mandate provides a basis for a challenge of the arbitral award at the post-award stage (either during setting aside proceedings or at the enforcement stage). Since the concept of the tribunal’s mandate is vague, it attracts, in turn, a broad interpretation of the ground leading to a frustration of the fundamental value of arbitration – the finality of the arbitral award.
The thesis aims at recognizing the similarities and differences of the ‘excess of mandate’ type of challenges in selected legal systems (namely the UNCITRAL Model Law, France, England, the U.S. and the New York Convention). Looking through the eyes of what the selected legal systems consider to be an ‘excess of mandate’ allows us to identify common features and contributes to a better understanding of the concept of the arbitral tribunal’s mandate by arbitrators, judges and legal practitioners alike. Accordingly, this research adds a building block to the definition of the tribunal’s mandate.
The thesis is available here.