Comparative Guides
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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?
 
Montenegro
A domestic arbitral award may be set aside if the applicant proves that:

  • the arbitration agreement was not concluded or is not valid under the applicable law, unless otherwise agreed by the parties;
  • a party to the proceedings did not have the capacity to conclude the arbitration agreement or was not duly represented;
  • the applicant was not given proper notice of the initiation of the proceedings or was otherwise unlawfully prevented from presenting its case;
  • the award decides on matters not contemplated by or exceeding the scope of the arbitration agreement;
  • the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the Arbitration Act or a permissible agreement of the parties, and that fact could have affected the content of the arbitral award; or
  • the award does not contain the statement of reasons or has not been signed (Article 48(1)).

The court shall also set aside the award of its own motion if:

  • the dispute was not arbitrable; or
  • the award contradicts Montenegrin public policy (Article 48(2)).
For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Montenegro
An application to set aside an award must be submitted within three months of the date on which the award is served on the party (Article 48(3)).

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Montenegro
The Arbitration Act prescribes that the parties may not waive their right to apply to set aside the arbitral award (Article 48(4)).

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law