Revision of Award

Brazilian Arbitration Act, CAM, COVID-19, Eastern Europe, Economic Sanctions, English courts, English Law, French Law, French Supreme Court, Italy, LCIA, Nigeria, Nigeria Arbitration and Mediation Act, Revision of Award, Russia, Sanctions, UK Supreme Court, Ukraine, UNIDROIT Principles

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On 13 June 2024, Italian Arbitration Day took place in Rome. The full-day conference saw a large number of arbitration practitioners dealing with the issue of globalization and geography in the arbitration. This post offers an overview of the key takeaways from the discussion.   Introduction: The Past, Present, and Future of Globalization   After…

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

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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”…

Annulment, Constitutional Court, Ecuador, Latin America, Revision of Award

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I .The Annulment of an Arbitral Award under Ecuadorian Law Pursuant to article 30 of the Arbitration and Mediation Law (AML), arbitral awards are final and binding for the parties. In other words, parties cannot file recourses to challenge an award, with the exception of a clarification or extension petition before the arbitral tribunal. However,…

Best practices, Egypt, Estoppel, Party Representation, Remote hearings, Revision of Award

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On 27 October 2020, the Egyptian Court of Cassation (“Court”) rendered a ground-breaking judgment that is demonstrative of the Court’s appreciation of ongoing global developments in the field of arbitration (a courtesy translation prepared by the author of this post is available here). The case pertains to a domestic construction dispute under a subcontract that…

Arbitrator Bias, Arbitrators, Austria, Impartiality, Independence and Impartiality, Public Policy, Revision of Award, Set aside an arbitral award, Switzerland

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Like virtually all arbitration laws, the Austrian Arbitration Act is silent on whether the lack of impartiality and independence of an arbitrator may be invoked for the first time in setting aside proceedings in cases where a party becomes aware of the relevant circumstances only after the award was rendered. The Austrian Supreme Court has,…