Stéphane Bonifassi has recently participated in a panel discussion at Basel University in Switzerland hosted by Mark Pieth about the role of courts in reviewing arbitral awards.
Facing a room with substantial representation by arbitrators, Stéphane Bonifassi views likely ran counter to their collective beliefs, but neither side can deny a trend toward state court review of arbitral awards, especially when criminal activity is alleged.
Traditionally, arbitral awards have been the subject of little scrutiny by courts because of a general trend in favor of arbitration. But this absence of scrutiny might eventually prove detrimental to arbitration as a whole.
In this article for The FCPA Blog that Stéphane Bonifassi has prepared with his colleague Elena Fedorova, he explain why judicial review of arbitral awards makes more sense than some new legislation introduced in France and Belgium, doesn’t violate claimants’ rights and is, indeed, the right thing to do.