Challenging arbitral awards under Mozambique's Arbitration Law: arbitrators' power to reject challenges based on inappropriate grounds

An analysis of the framework for challenging arbitral awards and arbitrators' power to reject a challenge because its grounds are inappropriate, with a comparative-law perspective.

Revista Internacional de Arbitragem e Conciliação, Special Volume No. 02/2023, July–December 2023, pp. 225–243.

English translation of the Portuguese article. Quotations translated from Portuguese are unofficial; consult the original sources where precision of wording is material.

Excerpt from the introduction

Arbitration legislation inspired by the UNCITRAL Model Law generally follows the principle that arbitral awards are not subject to appeal, while preserving the possibility of challenging arbitral decisions on grounds of invalidity.

This article examines the legal framework for challenging arbitral awards under the LACM through an application for annulment, with particular attention to arbitrators' power to reject a challenge because the grounds relied upon are inappropriate.

The discussion begins with the framework in force (I), followed by a comparative-law analysis of methods of challenging arbitral awards (II), providing a basis for critical analysis of the Mozambican framework (III).

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