Asymmetrical Avenues for Annulment – The Continuing Controversy over the Setting Aside of Negative Jurisdictional Decisions
Under Article 34 of the UNCITRAL Model Law (“Model Law”), an arbitral award may be set aside if the arbitration agreement is “not valid”. A more controversial issue is whether setting aside avenues should also be available in the opposite scenario, i.e., when a tribunal found that no valid arbitration agreement existed and declined jurisdiction….