Arbitration / Training

The Training Course for Case Managers and Arbitrators

Lesson 70 - Appeals - General Process Overview

According to DRP 3.4, an appeal regarding an arbitration is allowed for in the cases of "clear injustices, egregious behaviour or unconscionable Rulings".

An appeal against an arbitrator's ruling or other actions is initiated by the appellant filing a dispute requesting a review of the case.

This appeal is initially handled by a second arbitrator (the Review Arbitrator) independently reviewing both the original case and the request for review and consider the appeal in light of DRP 3.4. If he/she finds that any of the three criteria (above) are met, he/she may "re-open the case" and pass it to "an Appeal Panel of 3."

According to DRP 3.4 "The Appeal Panel is led by a Senior Arbitrator, and is formed according to procedures established by the DRO from time to time. The Appeal Panel hears the case and delivers a final and binding Ruling."

DRP 3.4 implies a case is closed before an appeal - what about appeals against intermediate rulings? AlexRobertson

 * ''An intermediate ruling as the name says is an intermediate ruling with the facts established by the time the intermediate ruling is given. 
  . e.g. DRP 2.2 "The Arbitrator may make any preliminary orders, including protection orders and orders referring to emergency actions already taken."
  . an arbitration case is a process that finishes with the final ruling and not before ...
  . From my PoV an appeal against a running case is an interferance of arbitration and subject to a counter dispute ...
  UlrichSchroeter ''

  . The counterpoint is that an arbitrator can potentially sit on a case forever, thus preventing a possibly legitimate grievance unable to be challenged and therefore without means of resolution. Under UK law, one example is where a judge imposes press restrictions on the reporting of a case - it is possible to specifically challenge that ruling in an appeal which is specifically about the intermediate ruling itself.

One approach may be that this needs to be considered on a case-by-case basis.

Alex