Case nr. 2470/18.1YRLSB.L1-8
I- Article 46(3)(a) of the Law on Voluntary Arbitration (LAV) establishes the grounds on which an arbitral award may be annulled by the State Court;
II- There is no violation of the right of defense of the Parties, as protected in Article 30(1) of the LAV, in the event that a party in an arbitration proceeding has challenged the contents of an expert report for a second time. The tribunal, despite having no requirement to do so, decided to keep the second clarification request on the record, and gave both parties the opportunity to seek verbal clarifications at the final hearing, in consonance with Article 486 of the Civil Procedure Code.
III- Only the total absence of any indication of legal norms may lead the State Court to consider the arbitral award as unfounded from the legal point of view. In the present case, the validity of a construction work contract was assessed with reference to Law 41/2015, but the segment of the award discussing the alleged defects, noise, and abandonment of work during the execution of the contract did not expressly refer to specific legal norms, referring instead to terms of the contract itself.
Summary and headlines kindly prepared by Avani Agarwal (final year law student at NALSAR University of Law, Hyderabad, India); Avani Agarwal may be contacted by email: email@example.com