Abstract:
This thesis studies setting aside of an arbitral award of private arbitration. Its scope consists of nature, importance, grounds and procedure of setting aside of an arbitral award of Netherlands, France, Belgium, Germany, the United States of America, Sweden, Switzerland, England, UNCITRAL Model Law on International Arbitration 1985 and Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Arbitration is a contractual matter, that is, the parties entrust the arbitrators, whom they have jointly appointed to render a decision on their disputes, both of question of facts and question of laws. Upon the arbitrators make an award, it shall be final and bind the parties and cannot be appealed by them. Setting aside of an arbitral award is a mechanism to see whether the award has included significant elements of arbitration, be the contractual matter or dispute adjustment. Since setting aside of an arbitral award is an exceptio to the general rule of res judicata and the successful request for setting aside of an arbitral award causes the award to have no effect, therefore, the grounds for setting aside of such should be important and extremely necessary, as follows: 1. there is no valid arbitration agreement; 2. the composition of the arbitral tribunal was not in accordance with the rule applicable thereto; 3. the arbitral tribunal has not complied with its mandate; 4. the award was not signed by the arbitrator or arbitrators or did not contain reasons in accordance with the provisions of law; 5. the award, or the manner in which it was made, violates public policy. The procedure of the request for setting aside of an arbitral award should take parties' right into consideration, that is, giving adequate opportunity and time to the applicant but not should go to the extent of impeding the case. If the applicant takes advantage of setting aside of an arbitral award in order to slow down the case, the applicant shall pay damages for not satisfying an obligation within period. In addition, the competent court which considers setting aside of an arbitral award should be equipped with great expertise and experience in arbitration