Disguised factual challenges given short shrift: State Supreme Courts defend arbitral awards
WHAT YOU NEED TO KNOW
- There are limited grounds on which an international or domestic award can be refused recognition or enforcement. Commonly argued grounds include denial of natural justice in connection with the making of the award, and that enforcement of the award would be contrary to public policy.
- Courts will not refuse enforcement on the basis of challenges to factual findings in an award which are disguised as complaints about violations of procedural fairness or natural justice.
- Courts will be loath to set aside an award or refuse enforcement unless there is a demonstrated “real unfairness or real practical injustice”.