Arbitration Proceedings

Rules have been adopted by most jurisdictions to control arbitration proceedings. The most common rule sets are the ICSID and UNCITRAL rules.  The agreement establishing the proceeding normally will specify the rules to be followed.

Arbitration proceeding in foreign lands are governed by the 1958 Convention on The Recognition and Enforcement of Foreign Arbitral Awards.  In most international law the right of appeal of a judgment in an arbitration proceeding does not exist.  In other jurisdictions an appeal may be filed during a limited time period after the proceeding.

Either party to an arbitration may appeal an arbitrator's decision in a court proceeding.  However, only the question of malfeasance, contradiction of current law or if the arbitrator has overstepped his authority are normally considered.  Factual findings are not open to  the appeals process.  The narrowness of the appeals process in the U.S. has been established by ruling of the U.S. Supreme Court.

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Arbitration Proceedings News

• Mutu Appeals 13.8m Chelsea Fine To Court Of Arbitration Daily Mail
Adrian Mutu has filed an appeal with the Court of Arbitration for Sport against FIFAs order to compensate 13.84million to Chelsea after he tested positive for cocaine.
• COMPLIANCE WATCH: Finra Discovery Proposal Sparks Debate Nasdaq
NEW YORK Dow Jones The Financial Industry Regulatory Authority has proposed to update and clarify document lists that parties exchange during the discovery phase of arbitration proceedings, marking the latest development in a debate over the fairness of the proceedings.
• Govt Appeals Arbitration Result In Diag Human Dispute Prague Daily Monitor
Prague, Sept 3 CTK The Czech Republic has appealed the result of the arbitration with Diag Human, according to which the state is to pay some nine billion crowns to the company in compensation for harming its deals with blood plasma, the public Czech Television CT reported Wednesday.
• Diag Human Wants New Arbitrator Not To Be Czech Citizen Esk Noviny
Prague The Diag Human company wants a person who is not a Czech citizen to decide in new arbitration proceedings in its dispute with the Czech Republic as a Czech citizen might face pressure exerted by the state, company lawyer Jan Kalvoda said.
• Govt Appeals Arbitration Result In Diag Human Dispute Esk Noviny
Prague The Czech Republic has appealed the result of the arbitration with Diag Human, according to which the state is to pay some nine billion crowns to the company in compensation for harming its deals with blood plasma, the public Czech Television CT reported.