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Article 34 - Application for Setting Aside as Exclusive Recourse against Arbitral Award

Published online by Cambridge University Press:  18 February 2020

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Shahla Ali
Affiliation:
The University of Hong Kong
Manuel A. Gomez
Affiliation:
Florida International University
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Summary

Article 34 regulates the setting aside of arbitral awards. The pro-arbitration rationale underlying the Model Law requires that judicial review of arbitral awards be limited to a small number of well-defined situations. Consistently with this approach, the drafters used the New York Convention as a source of inspiration, indicating the situations listed in article V of the Convention as grounds for setting aside and introducing only a few adaptations. Needless to say, courts in Model Law jurisdictions can only set an award aside if the arbitral proceedings were seated in the territory of that particular State, as implicitly confirmed by article 1(2). However, the same grounds may also be invoked to resist the recognition and enforcement of an award, irrespective of the country in which it was made.

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Publisher: Cambridge University Press
Print publication year: 2020

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