Arbitral Awards Challenges

Setting aside is pursued in the courts of the seat of arbitration and can nullify the award entirely. Annulment applies in specific contexts like ICSID and involves review by an ad hoc committee. Both are distinct from resisting enforcement in another jurisdiction.

Time limits vary by jurisdiction but are typically short—often 30 to 90 days from receipt of the award. Missing the deadline can permanently waive the right to challenge, making prompt legal assessment essential.

Generally, no. Most jurisdictions do not permit review of the merits of the arbitrators' decision. Challenge grounds are limited to serious procedural defects, jurisdictional issues, or public policy violations rather than substantive errors.

If an award is set aside, the dispute may need to be re-arbitrated before a new tribunal. If enforcement is refused in one jurisdiction, the award holder may still seek enforcement elsewhere. The practical consequences depend on the grounds for the challenge and applicable law.

Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.

For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.

Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.

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