Jurisdictional Challenges To Arbitral Awards

Introduction

In this comprehensive examination, the focus is primarily on procedural issues concerning the validity of arbitral awards as addressed by the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") and similar instruments.

One of the most common reasons for challenging the validity of an arbitral award is to challenge the tribunal's lack of jurisdiction, arising from either:

(a) an invalid arbitration agreement; or

(b) the tribunal exceeding the parties' consent or agreement to arbitration.

Challenges to the Tribunal's Jurisdiction

Article V of the New York Convention outlines the jurisdictional grounds that can be utilized to challenge an arbitral award, providing circumstances under which the enforcement of a foreign arbitral award "may be refused."