Error in the appreciation of domestic legislation as a ground for appeal: Choosing between law and fact

Participants of the Investment Law and Arbitration Lab, Valeria Matorina and Sergey Korotkov, have prepared a note (in Russian) under the supervision of Sergey Alekhin and Anna Kozyakova.

The note explores the issue of how a provision containing a ground of appeal against an arbitral award for errors of law and fact should be formulated. Specifically, it questions whether the appellate mechanism should be allowed to apply and interpret domestic legislation as a question of law, or whether domestic law should be treated solely as a question of fact similarly to CETA and EVFTA.

To address this issue, the authors examine whether it is permissible for an appellate mechanism to appreciate domestic legislation as a question of fact and law, and discuss the standard of review.


* The text is published in the authors' edition.