Arbitration Appeal Rules
Arbitration can be a swift, efficient and more practical method for resolving disputes than going to court. There may be times, however, where parties need to review or appeal an arbitral award. Canadian legislation provides courts with narrow jurisdiction to review arbitral awards, and the process of getting one’s day in court may be prohibitively lengthy. Further, many arbitrations are done on an ad hoc basis, and without institutional rules to help guide parties through an appeal or review process, parties may not have recourse when faced with a bad award.
The Arbitration Place Arbitration Appeal and Review Rules are designed to give parties the ability to foresee, craft, and implement the appeal and review process that is right for them.
When drafting an arbitration agreement, parties may consider including wording such as the Model Appeal and Review Clause below:
The parties agree that any appeal from or review of an award made in an arbitration related to this Agreement shall be in accordance with the Arbitration Place Arbitration Appeal and Review Rules (as it exists on the effective date of this Agreement).
The Arbitration Appeal and Review Rules are a set of 26 clear, concise rules that govern the appeal or review process from start to finish, and provide parties with the autonomy and flexibility they need. The Rules can be found below:
When parties choose Arbitration Place to support their appeal or review, they receive:
- A dedicated Case Manager to help guide the parties through the process
- Assistance with booking locations, court reporting services, and technology
- Assistance in the appointment of an Appeal or Review Tribunal or a Challenge Tribunal
- All the concierge-style services that have made Arbitration Place a premier destination for dispute resolution