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10 Challenge of Arbitral Awards

Nigel Blackaby, Constantine Partasides, Alan Redfern

From: Redfern and Hunter on International Arbitration (7th Edition)

Nigel Blackaby KC, Constantine Partasides, Alan Redfern

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 23 July 2024

Subject(s):
Applicable law — Awards — Place of arbitration — Appeal from award — Arbitral rules — Arbitral tribunal

This chapter expounds on the methods, grounds, and effects of challenging arbitral awards. The appeal over an arbitral award depends on whether the relevant rules of arbitration established any international appeal procedure or investment arbitration systems. Unlike litigation and mitigation, parties choosing arbitration means they are chasing finality and prepared to for a fight in the highest court. The purpose of challenging an award before a national court is to declare that the award will become null and void. However, a competent court could refuse to grant recognition to the declaration that has been set aside by a court of the seat of arbitration.

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