Article about appeals procedure for binding arbitr
Post# of 155138
(Total Views: 457)
Posted On: 06/17/2023 12:53:54 PM
Article about appeals procedure for binding arbitration. This requires that the parties included this in their initial contract. I have not read the agreement between CYDY and Amarex so I don’t know if this applies. Nevertheless, this is one more proof that binding arbitration indeed can be appealed.
Here is an example of one of the appeal procedures:
https://www.jamsadr.com/files/uploads/documen...-01-28.pdf
The grounds for overturning an award are limited, but there is plenty of fodder there for a good attorney to make a case for overturning the ruling if indeed it is unfair.
Here is an example of one of the appeal procedures:
https://www.jamsadr.com/files/uploads/documen...-01-28.pdf
Quote:
The Appeal Tribunal (appointed by CPR from its panel and limited to former federal judges) may modify or set aside the original award only on the following grounds: the award contains material and prejudicial errors of law of such a nature that it does not rest upon any appropriate legal basis; the award is based upon factual findings clearly unsupported by the record; or the award is subject to one or more of the grounds set forth in the FAA for vacating an award.
The grounds for overturning an award are limited, but there is plenty of fodder there for a good attorney to make a case for overturning the ruling if indeed it is unfair.
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