The Legal Characterization of the Action for Annulment of Arbitral Awards

Abstract

The legal characterization of the action for annulment of arbitral awards remains a pivotal subject in arbitration jurisprudence, balancing the principle of party autonomy against the necessity of judicial oversight. This research explores the doctrinal debate regarding whether this action constitutes a method of appeal or an independent, sui generis legal action. Adopting descriptive, analytical, and comparative methodologies, the study examines the distinctions between annulment actions and traditional judicial appeals in terms of legal basis, scope of review, and grounds for filing. Findings indicate that an annulment action is an original, independent action rather than a merits-based appeal. It serves as a formal supervisory mechanism ensuring the procedural integrity of the arbitration process without re-evaluating the substance of the dispute or the evidence presented. The research concludes that characterizing it as an independent action reinforces the finality of arbitral awards and prevents the circumvention of the prohibition on appeals in arbitration. It recommends enhancing the awareness of judges and arbitrators regarding these boundaries to maintain a balance between the rule of law and party will, ensuring that national courts support rather than undermine the arbitration system.