Izvorni znanstveni članak
Control of Arbitral Awards and the Relevance of Newly Discovered Facts
Tibor Várady
; Central European University, Budapest; Emory University, Atlanta
Sažetak
There have been – and there will be - cases in which the truth about important facts remains unknown until after a final and binding decision has been rendered. The truth about these facts may surface later, when ordinary remedies are not available anymore. Different attitudes have been taken regarding such situations. The introduction of a third recourse (in addition to a motion for setting aside and opposition to recognition) opens difficult questions. It is not easy to make a choice between the juxtaposed considerations. Endeavors have been made to introduce a third recourse by way of reconsideration or revocation in case of fraud, by way of collateral attack, or by way of revision. Revision is the most important of these options, and a consequential (and at the same time cautious) elaboration of this option has taken place in Swiss judicial practice. If we accept revision as an option, we shall have an additional instrument for securing a just final outcome. At the same time, certain comparative advantages of arbitration - like the finality of the awards - will be impaired. Also, being subject to an extraordinary recourse normally available only against court decisions rendered in the forum State, arbitral awards will become a part of the judicial system of the country of their origin in a more pronounced way – which may very well generate controversies. The question also arises as to what would be the impact of revision on consistency on an international scale. Could a successful revision have an impact on recognition already granted in a foreign country? The answer is probably negative, unless the country in which recognition was granted would allow another revision (this time against the court decision granting recognition). It is important to mention that the UNCITRAL Model Law does not contemplate revision as a possible recourse against arbitral awards. The dangers opened by a third recourse might outweigh its benefits.
Ključne riječi
newly discovered facts; court control of arbitral awards; collateral attack on the award finality; revision
Hrčak ID:
93122
URI
Datum izdavanja:
3.5.2012.
Posjeta: 2.173 *