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10 Challenge of Arbitral Awards

Nigel Blackaby, Constantine Partasides QC, Alan Redfern, Martin Hunter

From: Redfern and Hunter on International Arbitration (6th Edition)

Nigel Blackaby, Constantine Partasides, Alan Redfern, Martin Hunter

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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 September 2023

Annulment — Appeal from award — Correction of award — Interpretation of award — Judicial review of arbitral awards — Revision of award

This chapter discusses the challenge or appeal of arbitral awards by the losing party of arbitration. Under the New York Convention and the UNICTRAL Model Law, the purpose of challenging an award is to have the court declare all, or part, of the award null and void. If an award is set aside or annulled by the relevant court, it will usually be treated as invalid and accordingly unenforceable not only by the courts of the seat of arbitration, but also by national courts elsewhere. The chapter describes the various methods of challenge: ‘internal’ challenge; the correction and interpretation of awards; the issuance of additional awards; and the remission of awards. If the challenge is successful, the court may decide to confirm the award, refer it back to the arbitrary tribunal, vary the award, or set it aside in whole or in part.

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