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Media type:
E-Article
Title:
Party Autonomy to Agree on Non–Final Arbitration?
Contributor:
Wolff, Reinmar
Published:
Kluwer Law International BV, 2008
Published in:
ASA Bulletin, 26 (2008) Issue 3, Seite 626-641
Language:
English
DOI:
10.54648/asab2008065
ISSN:
1010-9153
Origination:
Footnote:
Description:
Recently the Supreme Courts of Germany and of the United States decided on party–agreed post–award state court review on the merits. While the German Federal Supreme Court held an arbitration clause valid which allowed each party to request a state court de novo review after the award was rendered (25 ASA Bulletin 4/2007 p. 810), the U.S. Supreme Court disallowed the parties to agree to expanded review of awards under the Federal Arbitration Act (26 ASA Bulletin 3/2008 p. 577). The article formulates an international perspective on the underlying conflict between party autonomy and finality of awards and draws conclusions for the handling of similar cases.