Publication Type

Journal Article

Publication Date

12-2009

Abstract

Parties on the losing side in international arbitration have long argued that an error of law is a defence to the enforcement of foreign awards. Citing article V(2)(b) of the New York Convention, such parties have argued that a manifest error of law is a violation of public policy. While national courts have generally paid little heed to this line of argument, this article seeks to raise the possibility that there may yet be the exceedingly rare instance in which a court should preclude enforcing an award marred by a hideous error of law. Limited review of an arbitrator's application of the law in international arbitrations should exist where enforcing the award would be contrary to the forum's most basic notions of justice. By way of case law, natural justice and general principles of arbitral law, this article argues that if indeed such egregious awards arise, they should be denied enforcement under the Convention.

Discipline

Dispute Resolution and Arbitration | International Law

Research Areas

Others

Publication

Singapore Journal of Legal Studies

First Page

592

Last Page

617

ISSN

0218-2173

Publisher

National University of Singapore

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

http://heinonline.org/HOL/LandingPage?handle=hein.journals/sjls2009&div=32&id=&page=

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