Annulment of the award
Alternative dispute resolution by arbitration is concluded with an award. When the award has been issued, the Parties can submit a petition to annul the award to the competent court within 90 days after receiving the award. The revocation of the award is divided into two circumstances:
First, the disputing party submits a petition. When the disputing party refused to accept the award, the disputing party can submit a petition to annul the award on the basis as specified under Section 40 of the Arbitration Act, such as;
• 1. The incapacity of the parties.
• 2. The dispute should not be settled by arbitration.
• 3. The document’s delivery is against the rule, and the other parties were unaware of the proceeding entirely.
• 4. The enforcement of the award will against public order and good morals.
• 5. The award is beyond the scope of the agreement.
Second, the court raises an issue by themselves.
In this event, the court may raise an issue only on the basis that the dispute cannot be settled through arbitration or an issued award is against public order or good morals (Click). The court could order an annulment of the award only if the rendering was within the court’s jurisdiction. You can view a short video by THAC to further understand the award’s annulment. Click