Judicial principles and studies
The Principle of Adherence to the Claim in Annulment of an Arbitration Award and Related Procedures
The summary explains that the scope of litigation is set by the originating claim and that judges and agents are confined by the claim and the power of attorney; annulment suits must target a legal arbitration award. Any expansion or recharacterization that creates a new claim may render later measures void as issued by an incompetent court.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The scope of litigation is defined by the original claim and its components: parties, object, subject matter and legal cause. The judge's role is limited to correctly characterizing the basis of the claim within the presented facts and requests, without exceeding their bounds. An agent may not present requests beyond the authority granted in the power of attorney, in line with Article 836 of the Civil Code. As for annulment actions against an arbitration award, acceptance requires that the action be directed at a legally recognized arbitration award, since only such an award is subject to annulment under the arbitration law. If the decision does not qualify as an arbitration award, the action is inadmissible and must be dismissed and not referred to the court of first instance pursuant to Article 112. If a court recharacterizes the case to include new claims concerning formation, procedures, or decisions of a committee, or to seek prevention and recovery of sums, this exceeds the original claim and the agent's authority. Consequently, measures and decisions issued after the referenced cassation decision may be annulled as having been rendered by an incompetent court.
Summary
Adherence to the original claim determines the limits of the dispute and constrains both the court's remit and the agent's authority; elements of the claim should not be altered or expanded except by prescribed procedures. An annulment action is only acceptable when directed at a legal arbitration award; otherwise it is inadmissible. This content is an educational summary only and does not constitute judicial text or legal advice.
Practical significance
- For lawyers and agents: ensure the claim is properly drafted and the power of attorney covers the requested relief; do not exceed the agency limits. - For judges: confine characterization of the claim to the filed requests and facts, and avoid transforming the litigation into new causes of action outside jurisdiction. - For litigants: annulment suits are viable only against a legal arbitration award, and measures issued later by a court later found incompetent may be subject to annulment.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.