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Expert Analysis

‘Strict enforcement’ arbitration clauses don’t limit jurisdiction to interpret

By Robert Wisner and Paola Ramirez ( March 20, 2026, 2:13 PM EDT) -- Applications to set aside international arbitral awards frequently reflect a familiar dynamic. As no appeal on the merits is available, applicants often recast complaints about the tribunal’s conclusions as jurisdictional error or procedural unfairness. Respondents, in turn, characterize such efforts as impermissible appeals in disguise. Courts are therefore tasked with maintaining a careful balance: exercising a limited supervisory role while preserving arbitration’s defining features of finality, efficiency and expert adjudication....