Overview
Partner Steven Davidson and associate Alexandre Genest authored a chapter in The Guide to Challenging and Enforcing Arbitration Awards published by Global Arbitration Review titled: "Due Process and Procedural Irregularities." The chapter explores the legal foundations and limited scope of due process as a basis for challenging international arbitration awards, emphasizing the high evidentiary bar for proving violations and the rarity of successful challenges. It argues that raising due process concerns during proceedings, rather than after an award, is more effective and supports a proposal for parties to consent early to proactive tribunal case management to counteract due process paranoia.
