What to Expect from the Review of Arbitral Awards by Courts at the Seat

Abstract

A key role of the courts at the seat of arbitration is to exercise their supervisory jurisdiction over an arbitration. In this capacity courts engage in the limited review of awards made by tribunals. This review of awards can be broken down to two types. First are awards on jurisdiction and second are awards determining the merits of a dispute. While these types of review are quite similar, there are some differences between these types of review. Furthermore there are differences between the review from one jurisdiction to another, however generally there is considerable uniformity in many respects. This article will provide an overview of the scope of review engaged in by courts in a number of jurisdictions by examining case law and the legislative framework in a number of jurisdictions.