Revista Brasileira de Arbitragem

Volume 12 (2015)

Volume 12 (2015) / Issue 47

Menno Aden, 'Wrong answers to wrong questions? A new approach to judicial review of international arbitral awards' (2015) 12 Revista Brasileira de Arbitragem, Issue 47, pp. 55–69


ABSTRACT: Debating the highly complex issue of error in the interpretation and application of domestic law by the arbitrator, the article proposes the comparative study of multiple possible manifestations of the field of arbitration, including US and English arbitration, Common and Civil Law, the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards the role of the state court judge and an historical analyses of the issue, in order to fully discern how the current mindset approaches the issue. Central to the question is the interpretation of each of the studied systems of law and how each has traditionally faced the issue of wrongful application of national law in an arbitration procedure would go against the parties’ agreement to arbitrate.

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ISSN: 1806-809X
ID: RBA2015043