Ljubica Tomić

Managing Partner

15. 11. 2019.

Setting aside Arbitral Award due to the lack of Legal Reasoning

Summary

The subject of this article is the examination of legal possibilities and comparative case law studies in regard of setting aside arbitral award due to the lack of legal reasoning, when the parties did not agree to exclude this right and when the arbitral award was not authorized to decide on the basis of ex aequo et bono principle. Comparative case law study demonstrates the tendency of national courts to enter into the merits of the case when controlling arbitral awards, analysing the quality of tribunal’s reasoning up to the point necessary for the court to examine if the arbitral award satisfies procedural public policy requirements manifested in the right to a fair trial.

Key words: setting aside arbitral award, procedural public policy, right to a fair trial, reasoning of the arbitral award

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