Arbitral awards are final and binding. In certain circumstances, however, they can be challenged or annulled through judicial proceedings. The annulment of arbitral awards (also known as “setting aside” or “vacatur”) refers to the legal process by which a court sets aside or nullifies an arbitration award that has been issued by an arbitral tribunal. […]
Annulment of Arbitral Award
Arbitration in Japan
Japan is a pro-arbitration country with a number of arbitral institutions and organizations. The most commonly used institution for commercial arbitration is the Japan Commercial Arbitration Association (the “JCAA”).[1] Its Arbitration Rules were recently amended in order to make arbitration more useful and affordable for parties.[2] Civil and Commercial Arbitration in Japan Civil and commercial […]
What Makes a Good Final Award in an Arbitration?
The Final Award is the key decision in an arbitration that has important consequences, in the sense that it is the end outcome of a controversy, or a dispute submitted to an arbitral tribunal or a sole arbitrator, and it will affect the rights between the parties and may not normally be appealed. In addition […]
Resisting the Enforcement of Arbitral Awards: Article V(1)(a) of the New York Convention
According to Article III of the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“), courts of a Contracting State have the obligation to recognize and enforce an arbitral award. However, it must be borne in mind that the latter have the possibility of refusing the recognition and execution […]
Correction of Arbitration Awards
Correction of arbitration awards is one of the post-award remedies intended to rectify any errors, ambiguities or omissions in the arbitral tribunal’s award after its issuance. It frequently occurs in practice that arbitral awards contain certain minor, or sometimes, more significant, mistakes, ambiguities or omissions. While these errors usually concern minor and incidental issues, certain […]
William Kirtley and Zuzana Vysudilova Publish Article on Violations of International Public Policy
William Kirtley and Zuzana Vysudilova have published a new article on violations of international public policy under French law, in light of the Paris Court of Appeal’s test in the case Société MK Group c/ S.A.R.L. Onix et Société Financial Initiative. Published by LexisNexis UK, the article discusses the test prior to 2014, when French […]
