H. Attacking the Award

Once an award is rendered, there are only few options for the parties to attack the award. Since an arbitral award has a final and binding effect on the parties, the award will not be fully reviewed by another arbitral tribunal or a state court. Instead, the parties can try to have the award set aside at the country of the seat of the arbitration or the losing party may try to have its enforcement refused. Yet, in both cases, the grounds for an attack mainly refer to matters of the arbitral procedure. In contrast, questions of substantive law will only be revised with regard to public policy issues.

Last modified: Monday, 31 August 2015, 8:29 AM