How to challenge an arbitral award?
After an arbitral award has been rendered, a party has identified irregularities and wishes to challenge it
A party to an arbitration wishes to challenge an arbitral award
Set-aside proceedings before the court of appeal of Paris due to some irregularities, including allegations of violation of international public order.
Our client's challenge
Having the award being set-aside due to suspected corruption
Following ICC arbitration proceedings with a seat in Paris in relation to breaches and payment defaults of service contracts, the claimant has obtained an award of damages against the respondent.
The respondent has discovered suspected corruption in relation to these contracts and wishes to explore the possibility to challenge the arbitral award due to a possible violation of international public order.
Setting up a strategy to present the relevant irregularities against the award
The set-aside procedure has strict time-limits. It is therefore necessary to rapidly identify the potential irregularities that can be raised and their strength.
Claims of violation of international public order rules in the presence of allegations of corruption, usually require a precise identification of the relevance of those allegations both legally and factually, and require extensive fact-finding in order to establish a strong body of evidence.
As the case-law on this issue is rich and constantly evolving, substantive, creative and convincing legal arguments need to be drafted to convince the judge of the high risk of violation of international public order.