Can Misconduct In Arbitration Invalidate An Award?

International arbitration is often chosen because it offers parties a final and enforceable decision.¹ In most cases, that finality is one of its greatest advantages. However, an arbitral award is not immune from challenge.² Where serious misconduct has affected the proceedings, a party may be able to challenge the arbitral award before the courts of the seat, resist enforcement under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), or seek procedural remedies before the tribunal while the arbitration is still ongoing. The key question is not only whether misconduct occurred, but whether it was serious enough to affect the fairness of the arbitration, the integrity of the proceedings, or the outcome of the award.³