Arbitration is widely used in international business as an efficient and final method of dispute resolution. One of its key features is that arbitral awards are intended to be final and binding. At the same time, most legal systems recognize that limited judicial control is necessary in order to safeguard fundamental procedural guarantees and the integrity of the arbitral process.
For that reason, national arbitration laws usually provide a mechanism allowing a party to request the setting aside (or annulment) of an arbitral award before the courts at the seat of arbitration. These proceedings are not an appeal on the merits. Courts normally do not reassess the facts, the evidence, or the legal reasoning of the arbitral tribunal. Instead, judicial review is typically limited to specific and narrowly defined grounds, such as the absence of a valid arbitration agreement, serious procedural irregularities, excess of mandate, or violations of public policy.
The purpose of this GUIDE is to provide a comparative overview of how different jurisdictions deal with applications to set aside arbitral awards. The contributions collected here explain the applicable legal framework, procedural rules, time limits, and practical considerations in each jurisdiction. Together, they offer practitioners and businesses a practical guide to understanding the scope and limits of judicial review of arbitral awards worldwide.
埃及
美国
荷兰