ABSTRACT
This chapter focuses on how a party may actively challenge an award with a view to the award being modified or set aside altogether. Having persevered with arbitration through to the conclusion of the hearing and the issuing of the award, one or both parties may be dissatisfied with the outcome. If so, the unsatisfied party has a number of options. The scope for challenging a “domestic” award and the nature of the relief available will be governed by a combination of: the law of the state where the award was made and is being challenged and the nature of the alleged defect in the award. The basis on which a “domestic” award may be challenged in the state courts will be set out in the detailed provisions of the law of that state, but can be limited further by the terms of the parties’ arbitration agreement.
