In a recent ruling, the court outlined the parameters and limits to the jurisdiction of the court in interpreting and enforcing arbitration awards. Despite the husband`s objections, the court determined that in interpreting and enforcing Arbitration Awards, the court must strive to determine the intention of the arbitrator and, as much as possible, preserve the integrity of arbitral award.
Absent limited circumstances, courts are unable to vary an award and lack residual authority respecting the subject matter of the award. Intention of the Arbitrator will be determined in context through consideration of: (i) the arbitral award as a whole; (ii) the language of the award itself; (iii) the reasons for the decision and, if included in the reasons, the course of evidence that led to the findings and conclusions; (iv) the legal and factual context, and the surrounding circumstances, to the extent they are contained in the reasons for the decision or other records from the arbitral proceeding filed with the court. Enforcement proceedings for an award are not an opportunity to re-litigate matters, and the subjective views of parties don’t alter the objective enforcement of arbitration decisions.
Want to dive deeper into the details? Check out our full blog for an in-depth analysis of this important decision and what it means for arbitration enforcement.
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