Kluwer: Extra Petita and Ultra Petita as Grounds for Setting Aside International Commercial Arbitration Awards: A Critical View of the Chilean Case Law

In most jurisdictions, annulment of international commercial arbitration awards is an exceptional relief, subject to strict grounds set forth in the relevant legislation. Such awards are presumed valid and final, thereby producing res judicata effects. To this extent, domestic courts at the seat of arbitration normally abide by the principles of finality and minimum intervention, thus granting significant deference to international arbitral tribunals.