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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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How to Draft Enforceable Awards under the Model Law

How to Draft Enforceable Awards under the Model Law

Chapter:
31 How to Draft Enforceable Awards under the Model Law
Source:
Practising Virtue
Author(s):

Michael Hwang

Joshua Lim

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0032

This chapter focuses on pathological awards, that is, awards which have such failings that they are liable to be set aside by national courts. It sets out elements of pathological awards under the broad ‘pathologies’ of lack of reasoning and breach of natural justice. It also discusses how parties can seek to challenge such awards under the United Nations Commission of International Trade Law Model Law on Commercial Arbitration (the Model Law). The choice of the Model Law reflects the fact that it has served as the basis of the great majority of national arbitration legislations passed since 1985, when the Model Law was adopted.

Keywords:   pathological awards, arbitration, arbitrators, lack of reasoning, breach of natural justice, awards

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