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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Macedonia
The Arbitration Act prescribes only one remedy against the arbitration award: an application to set aside the award (Article 35). In this regard, the award may be set aside if the applicant proves that:

  • a party did not have the capacity to conclude the arbitration agreement or to be party to the arbitration proceedings;
  • the arbitration agreement was not concluded or is not valid under the applicable law, or (if no applicable law is indicated) the law of Macedonia;
  • the applicant was not given proper notice of the appointment of the tribunal or the commencement of the proceedings, or was otherwise unable to present its case;
  • the award decides on matters not contemplated by or exceeding the scope of the arbitration agreement; or
  • the composition of the tribunal or the arbitral procedure was not in accordance with the parties’ agreement (unless such agreement conflicts with the mandatory provisions of the Arbitration Act) or the Arbitration Act.

The court may also set aside the award ex officio if:

  • the dispute is not arbitrable; or
  • the award conflicts with Macedonian public policy.
For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Macedonia
Under the Arbitration Act, an application to set aside an award must be submitted within three months of the date on which the applicant receives the award; or, in case of a request for correction and interpretation of the award or an additional award, from the date on which the tribunal decides on this request (Article 35(3)).

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Macedonia
The Arbitration Act does not expressly prescribe whether the parties may waive the right to request that the award be set aside. Although there is no established court practice to this effect, it could be argued that such a waiver would not be valid.

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law