59.3 Facts and law

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

59.3 Facts and law

| Commentary

The parties are confined by the findings of fact made in the award¹, and the courts will not consider whether the tribunal was right to make a particular finding of fact to be a question of

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C: ARBITRATION

59.4 Availability of appeal

59.5 Substantially affect the rights of the parties

59.6 Question which the tribunal was asked to determine

59.7 Obviously wrong or a question of general public importance and the tribunal’s decision is at least open to serious doubt

59.8 Just and proper

59.9 Appeal procedure

59.10 Remedies

60 Exhaustion of arbitral procedures

61 Loss of right to object

62 Time limits for an application or appeal

63 Non-participants

64 Security for costs and payment into court

65 Enforcement of awards under Arbitration Act 1996

66 Enforcement of awards under English common law

67 Enforcement of New York Convention awards

68.1 Overview of the grounds

68.2 A party to the arbitration agreement was (under the law applicable to that party) under some incapacity

68.3 The arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made

68.4 The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case

68.7 The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made

59.3 Facts and law

59.3 Facts and law

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C: ARBITRATION

59.4 Availability of appeal

59.5 Substantially affect the rights of the parties

59.6 Question which the tribunal was asked to determine

59.7 Obviously wrong or a question of general public importance and the tribunal’s decision is at least open to serious doubt

59.8 Just and proper

59.9 Appeal procedure

59.10 Remedies

60 Exhaustion of arbitral procedures

61 Loss of right to object

62 Time limits for an application or appeal

63 Non-participants

64 Security for costs and payment into court

65 Enforcement of awards under Arbitration Act 1996

66 Enforcement of awards under English common law

67 Enforcement of New York Convention awards

68.1 Overview of the grounds

68.2 A party to the arbitration agreement was (under the law applicable to that party) under some incapacity

68.3 The arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made

68.4 The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case

68.7 The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made

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59.3 Facts and law

59.3 Facts and law

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