Sarosh Zaiwalla is an English solicitor and a member of the International Court of Arbitration. Neither he nor his firm have appeared on behalf of the parties before the arbitration tribunal in the three cases discussed in this article. His firm. Zaiwalla & Co. has however, represented one of the parties in all the three court challenges.
Much has been said for the concept of finality of an arbitral tribunal’s award. An arbitral tribunal’s award must be final and binding on the parties; that is what commercial parties want and this is a general accepted proposition. There are however, exceptions to this principal, although these are rare and far between. For example, if after an award had been rendered, it were discovered that one of the arbitrators was guilty of corruption in regard to the particular arbitral process, a court would not enforce the award.
