Legal Updates

Only in exceptional and limited cases will the court revoke a given arbitrator’s award

August 13, 2018
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An entrepreneur from the field of vessel planning and building connected with an Israeli company to carry out a project in Ghana with an arbitration clause in the agreement that determined that any dispute between parties would be before the ICC (International Chamber of Commerce). The arbitrator gave a ruling in which he determined liability in accordance with the contract's clause that determined that the work should be performed to the client's satisfaction, but did not examine whether the work was indeed done properly.

The Supreme Court held that the judicial intervention in an arbitration award is limited and will be carried out only in a limited list of cases, when even then, it is a discretionary authority of the Court, which is not obligated to cancel an arbitrator's decision. One of the cancellation causes is when an issue requiring a decision is not reflected in the arbitrator's judgment, but this article will also be interpreted narrowly and in any case, an arbitrator's ruling will not be annulled if there is no miscarriage of justice. In this case, the questions that were not decided were not required to be settled in order to get the arbitrator's award, and therefore the arbitrator's ruling was not annulled.