(8) annulment of award (grounds for setting aside (arbi didn't have…
(8) annulment of award
- Award = arbitration equivalent of a court judgment (there can be interim, provisional, final award) ie if jurisdiction is challenged, then interim provision award may be passed for competenz
- Tactically some award-debtor’s will do nothing and wait until enforcement action is taken before resisting this. (if the other party doesn't have assets) quite common to see award debtors wait till enforcement stage to bring their application to annul the award.
- RECALL: application to set aside / annul the awardis alwas made in the seat ofwhere arbi took place , but the application to resist enforcement is to where it is enforced. [logistical matters may have a bearing]
- Alternatively, the award-debtor can take the initiative and challenge the award before enforcement begins.
The extent to which a national court can intervene to review an award after it has been made is determined by the law of the seat (in Model Law countries, the Model Law).
The vast majority do not permit appeals on points of law
- (English law is a rare exception. UK isn't a model law state. It has its own arbitration act. But uk law is v rare too ).
An award could be interim, provisional or final.
Inforica Inc v CGI Information Systems & Management Consultants Inc  ONCA 642 (CA, Ontario) - a good definition
Award = a decision of an arbitral tribunal that “disposes of part or all of the disputes between the parties.” i.e. dispute about the arbitrator, application for interim measure if it req tribunal to decide who owns sth (tribunal provisioanlly determine)