Can an Arbitration Decision Be Appealed?
If I don’t agree with an arbitration decision, can I appeal it? Not so fast! I’m Lara Pair, founder of Pair Fact Legal. In this week’s Arbitration Espresso, I’ll be explaining why arbitration appeals are extremely rare. Let’s jump in!
Here’s the question: Does arbitration have an appeal process like a judgment from ordinary litigation?
Answer: It’s not quite the same.
With rare exceptions judgments always have at least one appeal. Arbitrations with rare exceptions do not have an appeal.
Appeals to a certain extent review the decision making of the judge. Something like that does not exist in arbitration. However both judgments and arbitral awards can be challenged at the enforcement stage. If you remember in the last video, the enforcement stage is not a review of the merits of the case and therefore you won’t technically be “appealing” the decision but arguing about the enforcement of an award.
Internationally arbitrations are enforced through the New York convention, which has been accepted in almost 170 countries. The New York convention permits very few grounds upon which to refuse to enforce an award.
In contrast, a judicial enforcement of normal judgments does not go through the New York convention and are often dependent on mutual recognition between the countries. This presents many more hurdles for enforcement.