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1966规定统一仲裁法的欧洲公约(11)
www.110.com 2010-07-21 14:32


1. An arbitral award may be contested before a judicial authority only by way of an application to set aside and may be set aside only in the cases mentioned in this article.
2. An arbitral award may be set aside:
a. if it is contrary to ordre public;
b. if the dispute was not capable of settlement by arbitration;
c. if there is no valid arbitration agreement;
d. if the arbitral tribunal has exceeded its jurisdiction or its powers;
e. if the arbitral tribunal has omitted to make an award in respect of one or more points of the dispute and if the points omitted cannot be separated from the points in respect of which an award has been made;
f. if the award was made by an arbitral tribunal irregularly constituted;
g. if the parties have not been given an opportunity of substantiating their claims and presenting their case, or if there has been disregard of any other obligatory rule of the arbitral procedure, in so far as such disregard has had an influence on the arbitral award;
h. if the formalities prescribed in paragraph 4 of Article 22 have not been fulfilled;
i. if the reasons for the award have not been stated;
j. if the award contains conflicting provisions.
3. An award may also be set aside:
k. if it was obtained by fraud;
l. if it is based on evidence that has been declared false by a judicial decision having the force of res judicata or on evidence recognized as false;
m. if, after it was made, there has been discovered a document or other piece of evidence which would have had a decisive influence on the award and which was withheld through the act of the other party.
4. A case mentioned in sub-paragraph c, d or f of paragraph 2 shall be deemed not to constitute a ground for setting aside an award where the party availing himself of it had knowledge of it during the arbitration proceedings and did not invoke it at the time.
5. Grounds for the challenge and exclusion of arbitrators provided for under Articles 12 and 14 shall not constitute grounds for setting aside within the meaning of paragraph 2.f of this article, even when they become known only after the award is made.

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