set aside arbitral award
Setting aside an arbitral award refers to the legal process in which a court overturns or cancels an arbitration award due to certain grounds specified by the applicable arbitration laws or legal rules. Typically, a party seeking to set aside an arbitral award must file an application or petition with the relevant court within a specified time period after the award is rendered.set aside
The grounds for setting aside an arbitral award vary depending on the jurisdiction and may include:
1. Lack of proper notice or opportunity to present one's case.
2. Lack of jurisdiction or exceeding the scope of the arbitration agreement.
3. Violation of due process or a fair hearing.
4. The award deals with matters beyond the scope of the arbitration agreement.
5. The composition of the arbitral tribunal was not in accordance with the agreed procedures or applicable arbitration laws.
6. The arbitral procedure was not in accordance with the agreed procedures or applicable laws.
7. The award conflicts with public policy.
In many jurisdictions, the court's review of an arbitral award is limited, and the standard of review is generally deferential to the arbitral process. The courts typically do not re-evaluate the merits of the dispute or substitute their own judgment for that of the arbitrators.
If a court grants the application to set aside an arbitral award, the award is deemed to be invalid or non-existent. However, the party seeking to set aside the award may still be required to follow alternative legal procedures, such as litigation or a new arbitration, to resolve the underlying dispute.

版权声明:本站内容均来自互联网,仅供演示用,请勿用于商业和其他非法用途。如果侵犯了您的权益请与我们联系QQ:729038198,我们将在24小时内删除。