Challenging Arbitral Awards

Challenging arbitral awards is one of the most
important subjects that can be raised in the field
of arbitration.Its importance lies primarily in that
challenging awards is a manner by which unfair
awards may be resisted, and this maintains the
integrity of the arbitration system. This subject
has particular importance under the Model Law as
although article 34 thereof is defective in many
respects, and has been adopted by many
jurisdictions, very little academic literature
exists on this article. This book provides an in-
depth analysis, and identifies all the deficiencies,
of article 34. Basically, the book argues that the
Model Law has failed to recognise appeals to
arbitral tribunals of second instance as well as
appeals to
courts on points of law, and whereas it has also
failed to provide sufficient grounds for setting
aside arbitral awards, the grounds that it provides
were not well formulated by its drafters.Whilst the
book can be useful to
judges, arbitrators, lawyers and PhD students in any
Model Law jurisdiction, it can also be useful in any
jurisdiction considering the adoption of the Model
Law.

Autorentext

Omar Hisham Al-Hyari. Ph.D.: Arbitration law, University of the West of England. Lawyer in Jordan for 3 years. Currently: Legal Consultant, Hussain Lootah and Associates (Attorneys & Counselors at Law), Dubai, U.A.E.

Klappentext

Challenging arbitral awards is one of the most important subjects that can be raised in the field of arbitration.Its importance lies primarily in that challenging awards is a manner by which unfair awards may be resisted, and this maintains the integrity of the arbitration system. This subject has particular importance under the Model Law as although article 34 thereof is defective in many respects, and has been adopted by many jurisdictions, very little academic literature exists on this article. This book provides an in-depth analysis, and identifies all the deficiencies, of article 34. Basically, the book argues that the Model Law has failed to recognise appeals to arbitral tribunals of second instance as well as appeals to courts on points of law, and whereas it has also failed to provide sufficient grounds for setting aside arbitral awards, the grounds that it provides were not well formulated by its drafters.Whilst the book can be useful to judges, arbitrators, lawyers and PhD students in any Model Law jurisdiction, it can also be useful in any jurisdiction considering the adoption of the Model Law.