Investor Presentaiton
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1. Set-aside in national courts of non-ICSID Convention awards
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The domestic law of the seat of arbitration
governs the set-
aside of an arbitral award. National laws on set-aside have tended to
be deferential towards arbitral awards, in keeping with the goal of
facilitating the parties' choice of arbitration. Many States have
adopted the UNCITRAL Model Law on International Commercial
Arbitration. Article 34 of the Model Law provides the following
grounds for setting aside an arbitral award:
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"(2) An arbitral award may be set aside by the court specified
in article 6 only if:
(a) the party making the application furnishes proof that:
(i) a party to the arbitration agreement referred to
in article 7 was under some incapacity; or the said
agreement is not valid under the law to which the
parties have subjected it or, failing any indication
thereon, under the law of this State; or
(ii) the party making the application was not given
proper notice of the appointment of an arbitrator or
of the arbitral proceedings or was otherwise unable
to present his case; or
(iii) the award deals with a dispute not
contemplated by or not falling within the terms of the
submission to arbitration, or contains decisions on
matters beyond the scope of the submission to
arbitration, provided that, if the decisions on matters
submitted to arbitration can be separated from those
not so submitted, only that part of the award which
contains decisions on matters not submitted to
arbitration may be set aside; or
(iv) the composition of the arbitral tribunal or the
arbitral procedure was not in accordance with the
On seat of arbitration, see section II.D.3.
UNCTAD Series on International Investment Agreements IIView entire presentation