As a result of its analysis, the High Court held that the tribunal's award dealt with a dispute not contemplated by and not falling within the terms of the submission to arbitration and
therefore set aside the award in its entirety under Article 34 (2)(a)(iii) of the Model Law.
The court
therefore set aside the award on the basis that the tribunal had not been constituted properly.
Not exact matches
Kazakhstan
therefore turned to Svea Court of Appeal in Stockholm in order to attempt to have the
award set aside (we have written before on how domestic courts exercise supervisory jurisdiction in ISDS).
The Judge
therefore rejected the Council's submission that the appropriate remedy was simply to
set aside the contract
award decision, and to refrain from ordering the Council to
award the contract to Woods and / or pay substantial damages (§ § 15 - 16).
[34]... [the Applicants] state as a fact that a Court which, having agreed that certain government action was inconsistent with the Constitution and having
therefore set it
aside, will nonetheless be seen to be, and will in fact be, «in bed» with the government if it fails to
award the successful applicant its solicitor client costs.
I
therefore conclude that the appropriate disposition is to
set aside the entire
award.