Chapter 31 - Challenges Of Awards - International Arbitration Law And Practice, Third Edition
Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.
Originally from International Arbitration Law and Practice, Third Edition
31.1. General Framework
A learned commentator has rightly listed five remedies that can be sought against arbitral awards.1
First, applications for the interpretation or correction of the award;
Second, an application to the court of the venue of the arbitral proceedings to enforce the award; Third, an application to a court of another jurisdiction for its recognition and/or enforcement there;
Fourth, challenge of the award before the competent state court through setting aside proceedings.
Fifth, institution of an action on the award; even if the award is not recognized, in some jurisdictions institution of an action on the award may be sought, or alternatively the award may be used in other proceedings as evidence as to the merits.
In some jurisdictions, a third party may also challenge an award made between other parties, when the award affects his rights.
Setting aside proceedings in some jurisdictions are also treated as first instance proceedings. In other jurisdictions, in which these proceedings are heard by the Court of Appeal, there is a discussion as to whether they are appellate proceedings or sui generis first instance proceedings. The response given to this query may have material consequences since the rules that govern these two proceedings are different, at least in part.
CHAPTER 31: CHALLENGES OF AWARDS
31.1 General Framework
Classes of Challenges
31.2 Classes of Challenges
31.3 Challenge of an Award Made Ex Aequo et Bono or as an Amiable Compositeur
31.4 The Challenges in the International Conventions
Grounds for Challenges
31.5 Grounds for Challenges
31.6 Frivolous Claims or Defences
Extension by Contract of Judicial Review
31.7 Extension by Contract of Judicial Review
Waiver to Challenges
31.8 Prior Waiver to Challenges – Effects
31.9 Waiver by Conduct During Arbitral Proceedings
Jurisdiction on Challenges
31.10 Jurisdiction on Challenges
31.11 Challenges outside the State of Origin
31.12 Challenges against the First Instance Award (While the Appellate Arbitral Proceeding Are Pending)
31.13 Anti-Suit Injunctions against Actions to Vacate
31.14 Review of Decision Made by the State Court on the Challenge of an Award
Law Applicable to Challenges
31.15 Law Applicable to Challenges
31.16 Remedies Available before National Courts
31.17 Challenges before Another Arbitration
31.18 Correction and Interpretation of Awards
31.19 Court Precedents
31.20 Not Setting Aside if Arbitrator Has Chosen amongst Available Remedies
31.21 Setting Aside for Dénaturation (Manifest Disregard) of Contractual Documents