The Arbitration Act, 1991 (the «Act») provides for a thirty day time period to appeal
the arbitration award while the International Commercial Arbitration Act (the «ICAA») provides for a longer three month time period.
Not exact matches
While commercial parties may turn to
arbitration as the choice dispute resolution mechanism in its transaction document, parties are advised to be alive to the fact that by adopting certain institutional
arbitration rules within the
arbitration agreement and conducting the
arbitration under the auspices of those institutions, they will be taken to have agreed to waive their right to recourse against the
award by way of appeal on a question of law in the context of domestic
arbitrations.
The court considered that «
while an arbitrator may not
award relief expressly forbidden by the [
arbitration agreement], an arbitrator may
award relief not sought by either party, so long as the relief lies within the broad discretion conferred by the [United States Federal
Arbitration Act].»
In particular,
while the 1945 UN Charter and the UN Convention on the Law of the Sea acknowledged and promoted interstate
arbitration, the New York and the Washington conventions consecrated the principle of recognition and enforcement of arbitral
awards with regards to international trade and investment.
While Randall found the victim, S.S., «was not thin - skinned» and had «survived six years in a rough and tumble, entirely male environment,» it's clear from the
arbitration award in Unimin Canada Ltd. v. United Steelworkers Local 5383 she endured what appears to be tortuous comments about her weight and appearance.
The court stated that
while there also exists no prohibition to the parties settling the issues of custody and child support by
arbitration, the provisions of an
award for custody or child support will always be reviewable and modifiable by the courts.
Both countries enforce
awards as they do court judgments,
while non-compliance can be tackled through the courts, which so far has been largely supportive of
arbitration and the enforcement of foreign
awards.
While I am a huge fan of Kluwer
Arbitration Online, this free site from UVic Law looks like a great initiative and I was able to locate an
arbitration award that I could otherwise not source elsewhere.
We see no merit in the appellant's argument that the reference to the 1970 Act addressed substantive rights to appeal an arbitrator's
award,
while «any successor Act» would only apply to the
arbitration procedure.
While arbitration awards may, at times, involve significant sums of money, they differ from the decisions rendered by ethics hearing panels in two significant ways.
While this might be beneficial, at least in the sense that the non-prevailing party might understand, if not appreciate, the basis on which the
award was based, there has been an on - going concern that, given the task of comprehensively and accurately articulating all of the acts and factors that are taken into account by an
arbitration panel in rendering its
award, there might be an understandable (and possibly unavoidable) tendency to oversimplify or generalize the basis on which an
award was made, with the resulting explanation or rationale or «findings», whether written or oral, being relied on by the non-prevailing party (and likely by others) as «precedent» to be introduced and relied on at future
arbitration hearings.