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8 Setting Aside of Awards

From: Russian Arbitration Law and Practice

Hiroshi Oda

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2024

Subject(s):
Appeal from award — Correction of award — Interpretation of award — Judicial review of arbitral awards — Revision of award — Recognition and enforcement

This chapter covers the setting aside of arbitral awards. Arbitral awards can be set aside only by the court of the place of arbitration. Courts of the Russian Federation have exclusive jurisdiction in deciding on applications for setting aside of arbitral awards made in the Russian Federation. Grounds for setting aside of awards are common with the grounds for refusal of recognition and enforcement of foreign awards. Breach of public order is one of the frequently quoted grounds by Russian parties. Setting aside of awards is an area where the relationship between the state courts and arbitration is demonstrated in a concentrated manner. The chapter, after looking at the statutory provisions, will analyse a series of decisions of the court on setting aside of arbitral awards. Russian parties which lost arbitration often applies to the court in the hope of having the award been set aside. There have been some controversial decisions of Russian courts in this respect.

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