Appeals
It is sometimes said that arbitration awards are not normally subject to appeal (often another reason given in favour of using arbitration), but that is usually an oversimplification.
Most countries in the world allow arbitration awards to be "challenged" although they usually limit the circumstances in which such challenges may be brought. The two most commonly permitted grounds of challenge are:
- that the tribunal did not have jurisdiction to make the award; or
- serious irregularity on the part of the tribunal.
Almost all countries require any challenges which are made to an award to also have been raised before the tribunal itself. The issues are not usually permitted to be raised for the first time after the award has been made.
Arbitration awards are non-justiciable. Distinguish from an "expert determination" where the expert determines a matter of fact (which is ordinarily not subject to any form of appeal at all, except in cases of obvious bias or manifest error or bad faith).
In addition, although not by way of challenge, many countries permit appeals on a point of law (although almost no countries permit appeals to be made in relation to findings of fact). This right is usually closely circumscribed to avoid undermining the commercial efficacy of arbitration.
Read more about this topic: Arbitration Award
Famous quotes containing the word appeals:
“The poetry of heroism appeals irresistibly to those who don’t go to a war, and even more to those whom the war is making enormously wealthy. It’s always so.”
—Louis-Ferdinand Céline (1894–1961)
“It was not reason that besieged Troy; it was not reason that sent forth the Saracen from the desert to conquer the world; that inspired the crusades; that instituted the monastic orders; it was not reason that produced the Jesuits; above all, it was not reason that created the French Revolution. Man is only great when he acts from the passions; never irresistible but when he appeals to the imagination.”
—Benjamin Disraeli (1804–1881)
“Even an attorney of moderate talent can postpone doomsday year after year, for the system of appeals that pervades American jurisprudence amounts to a legalistic wheel of fortune, a game of chance, somewhat fixed in the favor of the criminal, that the participants play interminably.”
—Truman Capote (1924–1984)