Action to set aside
Action aimed at setting aside an award. Modern arbitration laws permit only limited review of an award by local courts in setting aside actions, and they do not permit any review of its merits. Under French law, the conditions for setting aside an award in international matters are the same as those for refusing its enforcement. Awards set aside in their country of origin (cf Seat of arbitration) cannot be enforced in that country and also may lose the benefit of enforcement under the New York Convention. However, some countries (such as France) allow an award set aside in its country of origin to be enforced in their territory if the conditions for doing so are fulfilled.
Glossary
- UNCITRAL
- Terms of Reference
- Swiss Chambers’ Court of Arbitration and Mediation (Swiss Chambers)
- Supporting judge
- Substantive law
- Sole arbitrator
- Singapore International Arbitration Centre (SIAC)
- Seat of arbitration
- Request for arbitration
- Provisional and conservatory measures
- Procedural law
- “Pathological clause”
- New York Convention
- Multiparty Arbitration
- London Court of International Arbitration – LCIA
- Lex Mercatoria
- Language of the arbitration
- Investment Arbitration or Investment Treaty Arbitration
- International public policy
- International Chamber of Commerce (ICC) International Court of Arbitration
- International Chamber of Commerce – ICC
- International Centre for Settlement of Investment Disputes (ICSID)
- International Arbitration
- Institutional Arbitration
- Independence and impartiality
- IBA Rules on the Taking of Evidence in International Arbitration
- Honk Kong International Arbitration Centre – HKIAC
- Exequatur
- Enforcement
- Competence – competence
- China International Economic and Trade Arbitration Commission – CIETAC
- Award by consent
- Award
- Arbitrator
- Arbitration rules
- Arbitration law
- Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
- Arbitration agreement
- Arbitration
- Arbitral tribunal
- Arbitral institution
- Arbitral case law or Arbitral precedent
- Appointing authority
- Amiable composition
- American Arbitration Association - AAA
- Ad hoc arbitration