Part II Legal Framework: Courts, Statutes and Treaties, B Judicial Supervision, 2 Why Courts Review Arbitral Awards

Judicial review of arbitral awards constitutes a form of risk management. In most countries courts may vacate decisions of perverse arbitrators who have ignored basic procedural fairness, as well as those of alleged arbitrators who have attempted to resolve matters never properly submitted to their jurisdiction.1 In some countries judges may also correct legal error2 or monitor an award’s consistency with public policy.3 Public scrutiny of arbitration is inevitable at the time of award recognition. Judges can hardly ignore the basic fairness of an arbitral...