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New Arrival Revision of Arbitral Awards Beyond the Model Law: ‘Retrial’ in Arbitration?

Revision of Arbitral Awards Beyond the Model Law: ‘Retrial’ in Arbitration?

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789403530291
  • Published In: February 2026
  • Format: Hardback
  • Jurisdiction: Netherlands ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,830.19

HKD 1,775.28 Save HKD 54.91 (3%)

Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
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Hong Kong: free delivery (order over HKD 1000)
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  • Description 
  • Contents 

Details

In terms of recourse against arbitral awards, the application for setting aside pursuant to Article 34 of the UNCITRAL Model Law on International Commercial Arbitration immediately comes to mind: the sole recourse before a court of the seat, available within a short time limit, on a select few grounds. This is indeed the baseline. Yet, several jurisdictions allow recourse against arbitral awards within longer time limits and on additional grounds. Some arbitration laws even provide for further means of recourse. Such possibilities are available in exceptional circumstances only. These typically include the discovery of facts, evidence or instances of fraud that may have influenced the outcome of the arbitration.

The author sets out to ascertain whether and how the ‘retrial’ of arbitration proceedings can be possible in such cas

es.

What’s in this book:

The work contains:

  • an overview of res judicata and extraordinary means of recourse that allow the reopening of proceedings in the general context of litigation
  • a description of the effect of arbitral awards and recourse against them in the Model Law
  • a delineation of models for ‘retrial in arbitration’ (additional grounds for setting aside, autonomous means of recourse before a state court or the arbitral tribunal, claim for damages to recreate the correct financial situation)
  • a summary of relevant trends in case law and legislation
  • a comparative analysis of solutions in selected jurisdictions (Switzerland, Austria, Germany, Hungary, England and Wales and more), covering admissibility (time limits, grounds) and procedure, and
  • a discussion of ‘retrial in arbitration’ in abstracto, in light of the basic principles of arbitration and the role party autonomy may play in shaping the means of recourse available against arbitral awards

How this will help you:

The book aims to explore possibilities of challenging arbitral awards in jurisdictions that go beyond the text of Article 34 of the Model Law. Such ‘next level’ recourse against arbitral awards is examined on the basis of real cases as well as at the level of theory and policy, and thus may be of interest to practitioners, academics and policymakers alike.

List of Abbreviations
List of Figures
Preface
Introduction

CHAPTER 1 Conceptual and Terminological Foundations: The Reopening of Proceedings in Context
CHAPTER 2 Broadening the Scope of Recourse Against Arbitral Awards: An Introduction into ‘Retrial’ in Arbitration
CHAPTER 3 Admissibility of Recourse Against Arbitral Awards on Grounds for Retrial or Revision
CHAPTER 4 Procedural Aspects
CHAPTER 5 ‘Retrial’ in the Enforcement Phase: Grounds for Retrial as a Shield?
CHAPTER 6 General Considerations with Respect to the System of Remedies Against Arbitral Awards
Conclusion

ADDENDUM:
The Further Development of the Law of ‘Retrial’ in Arbitration
Bibliography
Table of Cases
Table of Legislation

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