And what now? – Las consecuencias de la anulación del laudo - Iurgium [previously Spain Arbitration Review] View And what now? – Las consecuencias de la anulación del laudo by - Iurgium [previously Spain Arbitration Review] And what now? – Las consecuencias de la anulación del laudo 2020 39

This paper seeks to evaluate the consequences of the setting aside of an arbitration award. It is clear that the setting aside of the award is not an ending point. On the contrary, due to the annulment of the award, the material dispute will be still existing. 

The annulment of an award has an impact in different matters; for example, the enforceability of the award. This paper focuses in the consequences for the arbitration itself: can the parties return to arbitration? are the parties obliged to follow other ways (i.e. court proceedings)?

Naturally, the consequences will vary depending on the ground of annulment. This article outlines the consequences for every ground of setting aside under the UNCITRAL Model Law. This article gives special attention to the consequences for the arbitrators in cases of annulment due to procedural defects. In other words: the application of the functus officio principle in post annulment scenarios. After the setting aside of the award, shall a fresh and new arbitration be commenced? Or shall the original arbitral tribunal retake the case?

Iurgium [previously Spain Arbitration Review]