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Recommended reading – The renounce of revisional procedures in international arbitration

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Recommended reading – The renounce of revisional procedures in international arbitration


The arbitration system presupposes the recognition by law of a significant degree of freedom of the parties to take away from the judiciary the prerogative of exercising jurisdiction. This margin has been well accepted worldwide, being based on the principle that only in exceptional cases an arbitration award must be submitted to a judicial review procedure. The article by Philippe Pinsolle discusses a specific aspect of this system: the renounce by the parties of the very possibility of submission of the award to a revisional procedure. This tool, in theory, ensure greater effectiveness to the arbitration institute and bring greater confidence to the parties that the decision reached, whatever is the understanding of arbitrator(s), shall be final. The author explores how different countries have faced the question; as well as, in those cases where such choice is taken by the legislator, how the courts have interpreted it’s validity elements. One of the criteria adopted by some countries is to limit this possibility to foreign parties, since a waiver so radical to state jurisdiction would be an offense against public order if committed by or against national citizens. When accepted, and France is one of the countries which included in its legislation an authorization covering even their nationals, the waiver must be express, specific and,  still, limited to the discussion of the merits of the award, not covering issues that may arise at the time of execution.

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Pinsolle, Philippe. La renonciation au recours en annulation en matière d’arbitrage international. In: Mélanges en l’honneur du Professeur Pierre Mayer. Lextenso éditions: Issy-les-Molineuax Cedex, 2015. p. 697.

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