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Article 227 supervisory intervention in ongoing arbitration is...
Article 227 review permits intervention in arbitration only for manifest, patent inherent jurisdictional defects, not representational authority disputes.
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Article 227 supervisory intervention in ongoing arbitration is confined to a manifest and patent lack of inherent jurisdiction. Where the arbitration agreement, its invocation for a joint venture, and commencement of the reference are undisputed, a dispute over a liquidator's authority to represent the joint venture and continue proceedings falls within the arbitral tribunal's competence. A joint venture constituent that remains silent after notice of the liquidator's asserted authority may be treated as having acquiesced. Equitable supervisory relief is unavailable where intervention seeks to terminate a pre-existing claim rather than protect the joint venture's interests, particularly where the conduct is in bad faith.
Article 227 supervisory intervention in ongoing arbitration is confined to a manifest and patent lack of inherent jurisdiction. Where the arbitration agreement, its invocation for a joint venture, and commencement of the reference are undisputed, a dispute over a liquidator's authority to represent the joint venture and continue proceedings falls within the arbitral tribunal's competence. A joint venture constituent that remains silent after notice of the liquidator's asserted authority may be treated as having acquiesced. Equitable supervisory relief is unavailable where intervention seeks to terminate a pre-existing claim rather than protect the joint venture's interests, particularly where the conduct is in bad faith.
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