The Time Limit to Set Aside an Award Under Article 34(3) of the Model Law: A Comparative Study

Abstract

The time limit to set aside an award under the United Nations Commission on International Trade Law (UNCITRAL) Model Law is three months. Although Article 34(3) of the Model Law does not appear to confer upon domestic courts discretion to extend this time limit, some exceptional decisions from Asian Model Law jurisdictions suggest that such discretion exists. This article argues that, notwithstanding these decisions, domestic courts do not have any discretion to extend the time limit to apply to set an award aside. This article also highlights certain recurring fact patterns commonly seen when parties try to argue in favour of such a discretion, and studies how the courts in various jurisdictions have treated these similar situations. Article 34 Model Law, Article 34(3) Model Law, Article 5 Model Law, Setting aside of award, Challenge of award, Annulment of award, Time limit for application, Time bar to application, Three months, 28 days