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Arbitral Awards Challenges

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ArbitrationPost-Award

We represent parties seeking to challenge, annul, or set aside arbitral awards, as well as those defending awards against such challenges in courts worldwide.

Protecting and Challenging Arbitration Outcomes

While arbitral awards are generally final and binding, limited grounds exist for challenge. MC Law's Arbitral Awards Challenges practice represents parties seeking to set aside unfavorable awards and those defending awards against challenge.

Grounds for Challenge

Award challenges rest on narrow grounds under applicable arbitration law. Common grounds include lack of jurisdiction, procedural irregularities, arbitrator misconduct, public policy violations, and excess of authority.

Services in this practice

Business and Commercial LitigationAppellate

Frequently asked questions

Common grounds include lack of jurisdiction, procedural irregularity, failure to give proper notice, arbitrator misconduct or bias, excess of authority, and public policy violations. The specific grounds depend on the applicable law and arbitration rules.

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.

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Casey Scott McKay
Attorney
Washington, D.C.
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