Walking the Tight Rope: Striking the Balance in Review au Fond of Arbitral Awards - PART I

Mergând pe sârmă: In căutarea echilibrului în ce priveşte revizuirea pe fond a hotărârilor arbitrale - PARTEA I

Katya Victoria ALEXANDER, LL.M.

ABSTRACT

In 2022, two national courts handed down judgments which each yield potential consequences both within their respective states and the international community at large. The Paris Court of Appeal and the German Federal Court of Justice, respectively, performed review of two arbitral awards, citing public policy. In so doing, both courts abandoned a previous minimalist standard, instead finding that courts in their respective jurisdictions are not bound by the facts and findings of the arbitral tribunal. This, however, is where the similarities end: the French court limited itself to review on the basis of international public policy, further restricting itself to review only the alleged breach thereof. On the other hand, the German court performed a...