VIOLATION OF THE PRINCIPLE OF ARBITRAL COLLEGIALITY AS A GROUND FOR ANNULMENT OF ARBITRAL AWARD.

It has been stated that one of the reasons why parties to an arbitration submit their disputes to a panel of three arbitrators, is to ensure objectivity. The principle of collegiality in arbitration is no longer a fleeting or passing fancy. An arbitral Tribunal therefore has an obligation to deliberate, before rendering an award. If there was ever any doubt about the implications of failing to comply with this time-honoured doctrine in arbitration, such doubt was dispelled in the recently concluded case between the Spanish company, Estudio 2000 S.A. (“Estudio”) and respondent Puma AG Rudolf Dassler Sport (Puma). In this case, the Court emphasized once again that well thought out decisions and equal treatment, remain the fulcrum of the arbitral process. Read more