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The Elusive Pro-Arbitration Priority In Contemporary Court Scrutiny Of Arbitral Awards

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Chapter Summary

It is well known that there are more and more court cases world-wide in which the courts are taking a deferential position towards arbitral awards. Today, there are emerging problem-patterns in regard to which the question needs to be raised as to whether upholding a party stipulation regarding arbitration, or upholding an award is always and necessarily pro-arbitration. This part focuses on three emerging problem-patterns which have become distinctive features of contemporary court scrutiny of arbitral awards: (1) the impact of party autonomy on standards of court scrutiny; (2) Developments testing the flexibility of grounds for challenge; and (3) Interaction between various instances of scrutiny.

Keywords: arbitral awards; contemporary court scrutiny; pro-arbitration

10.1163/ej.9789004180932.i-474.32
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