Finality

Appeal, Arbitral Award, Arbitration Award, Arbitration Awards, Awards, Final Award, Finality, Fraud, Revision of Award

, (Busse Disputes)/ /1 Comment

One of the great advantages of arbitration is that it is a “one-shot” dispute resolution mechanism that does not allow for a series of appeals. Indeed, many users stress the finality of awards and the lack of an appeals mechanism as a valuable characteristic of arbitration. However, there may be situations where the “one shot”…

Arbitration Awards, Arbitration Institutions and Rules, Federal Arbitration Act (FAA), Finality, Functus Officio, United States

(Zeiler Floyd Zadkovich)/ /1 Comment

The Arbitration Committee of the New York City Bar Association has recently published a report titled: “The Functus Officio Problem in Modern Arbitration and a Proposed Solution” (the “Report”). In United States arbitration, the functus officio doctrine instructs that once an arbitrator finishes performance of her office, i.e., renders an award, her authority as an…

Annulment, Finality, Procedural Error, Procedural Order, Sweden

(University of Aberdeen)/ /Leave a comment

In a recent judgement, the Swedish Supreme Court rejected an appeal against the decision of the first instance which set aside an arbitral award in part due to a procedural error of the arbitral tribunal. The particularity of this case stems from the fact that the procedural error derived from an earlier procedural order of…

Appeal, Finality, International arbitration, Surveys

(Bryan Cave Leighton Paisner LLP)/ /Leave a comment
Bryan Cave Leighton Paisner LLP

Last week BCLP released the results of its annual International Arbitration survey on the topic of appeals against a tribunal’s decision on the merits. Respondents to the survey comprised arbitrators, corporate counsel, external lawyers, litigation funders, academics and those working at arbitral institutions. Procedures for court challenge of an award on the basis of procedural…

Arbitration Awards, Enforcement, Finality, Middle East, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates

(Al Suwaidi & Company, Dubai)/ /Leave a comment

Introduction The United Arab Emirates (the “UAE”) is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the “NYC”), which was adopted into UAE law by Federal Decree No. 43 of 2006. However, there have been instances where the lower courts of the UAE have come…

Courts, Finality, judicial review, Review on the merits

(British Institute of International and Comparative Law (BIICL))/ /2 Comments

The finality of arbitral awards is one of the advantages which justify recourse to arbitration, in comparison to longer dispute settlement methods, such as traditional court proceedings. However, while this is the desirable outcome, it is difficult and, to a certain extent, undesirable to isolate the arbitral award from any type of judicial interference. Limited…

Africa, Appeal, Arbitral Award, Court of Appeal, Ethiopia, Final Award, Finality, Finality Clause, judicial review, Uncategorized

(Aman Assefa & Associates Law Office)/ /Leave a comment

The cassation bench of the Supreme Court of Ethiopia, whose decisions have precedential value, in National Motors Corp. v. General Business Development case has ruled that parties’ final intention to be bound by an arbitration award shall be final and may not be subject to review by courts, including the cassation bench. The bench, however,…

Appeal, Arbitral Award, English Arbitration Act, Finality, Set aside an arbitral award

(Clyde & Co.)/ /Leave a comment
Clyde & Co.

Two recent pieces of recent research raise the question of whether arbitration users really value finality in arbitration or take it for granted. Is it time (again) to discuss whether s69 Arbitration Act 1996 is meeting users’ needs? Arbitration Act 1996, s69 Section 69 of the Arbitration Act 1996 (AA 1996, s 69) is a…

Annulment, Argentina, Final Award, Finality, judicial review, Supreme Court

(Bruchou, Fernández Madero & Lombardi) and (Bruchou, Fernández Madero & Lombardi (BFM&L) )/ /Leave a comment

The judicial review of arbitral awards has been a continuous topic of discussion amongst scholars and legislators. Considering the major effects of the seat of the arbitration in annulment proceedings, even when the arbitral award is in principle final and binding, local legislators are faced with the need to balance the aim of assuring the…