In terms of recourse against arbitral awards, the application for setting aside pursuant to Article 34 of the UNCITRAL Model Law on International Commercial Arbitration immediately comes to mind: the sole recourse before a court of the seat, available within a short time limit, on a select few grounds. This is indeed the baseline. Yet, several jurisdictions allow recourse against arbitral awards within longer time limits and on additional grounds. Some arbitration laws even provide for further means of recourse. Such possibilities are available in exceptional circumstances only. These typically include the discovery of facts, evidence or instances of fraud that may have influenced the outcome of the arbitration. The author sets out to ascertain whether and how the 'retrial' of arbitration proceedings can be possible in such cases.
