Annulment of Arbitral Awards In International Commercial Arbitration
INVESTMENT AND COMMERCIAL ARBITRATION - SIMILARITIES AND DIVERGENCES, Christina Knahr, Christian Koller, Walter Rechberger and August Reinisch, eds., pp. 131-152, Eleven International Publishing, 2010
22 Pages Posted: 26 May 2010
Date Written: 2010
This paper gives an overview of the annulment (setting-aside) mechanism in international commercial arbitration. It explores the 'prevailing consensus' on the annulment criteria in the UNCITRAL Model Law and some of the more common deviations from such consensus present in contemporary national legislations. Such departures are typically not controversial. However, this is not necessarily so when it comes to the issue on whether one may 'import' remedies available against a final court judgment when the annulment proceedings have been exhausted against the award.
Keywords: arbitration, UNCITRAL Model Law, setting aside, anullment, due process, jurisdiction, arbitrability, public policy, revision, national courts, remission
JEL Classification: K1, K4, K49
Suggested Citation: Suggested Citation