A requirement, a factor, or a figure of speech? Role of prejudice when challenging awards under the Model Law

• Main Authors: CHAN, Darius, KOH, Zhi Jia
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2022
• Subjects: Model Law; Article 34; Article 36; Setting Aside; Refusing Enforcement; Procedural Challenge; Jurisdictional Challenge; Residual Discretion; Materiality; Prejudice; Causative Link; Dispute Resolution and Arbitration; Jurisdiction
• Online Access: https://ink.library.smu.edu.sg/sol_research/4085; https://ink.library.smu.edu.sg/context/sol_research/article/6043/viewcontent/JOIA_39_0202.pdf
• Institution: Singapore Management University

Both parties and courts routinely invoke the term ‘prejudice’ in applications to set aside an arbitral award or refuse its enforcement. This suggests that the use of the term is more than just a figure of speech. It is generally understood that prejudice, in the sense of impact or effect on the outc...