Referral Of The Award From Judge Of Nullity To The Arbitrator A Comparative Study

Abstract

In many common law countries, the judge of annulation often re-sends the award to the arbitrators to rule out the grounds of annulment. This study shows the advantages of this saving mechanism and considers solutions for it to be recognized and developed in civil law countries.

The arbitral award may contain irregularities that have to annul this award by judge of state. Nevertheless, faced with this risk of annulation, a saving mechanism consisting of the judge will be re-sent to the arbitrator to eliminate the reasons of annulation.

The practice of re-sending the award to the arbitral tribunal for further review is more widespread in countries where the common law has some influence, Hong Kong, Ireland, Malaysia, and Sri Lanka. For example, in England, annulment of award is considered a serious measure, and can be justified just if dismissal did not lead to a fair result.