How can a party seek to vacate an arbitral award in an international court?
In California, a party can seek to vacate an arbitral award in an international court if they believe the award was improperly made. This process is generally referred to as a petition to vacate. In order to file a petition to vacate, the party must demonstrate that the award was obtained under duress, that the arbitrator was biased or had committed a mistake of law, or that the decision was based on an error of law or principle. The party must also show that the award was unreasonable, or that the decision was not supported by sufficient facts. The petition to vacate must be filed with the court where the arbitration took place, and must include a statement of all the grounds for setting aside the award. When the court receives the petition, it will make a ruling as to whether or not to vacate the award. If the court decides to vacate the award, the party can then submit a new petition to the court to appeal the decision. This new petition must include a full explanation of the reasons why the party believes the award should be set aside. The court will then consider the arguments and decide whether to grant or deny the petition. If the appeal is unsuccessful, the initial award will stand.
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