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Page 7 of 35 |
Are there ‘appeals’ in arbitration? |
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Not exactly. An arbitration involves a civil dispute in which the parties have agreed -- sometimes long before there was any dispute, and sometimes after the dispute arose -- to submit the controversy to an impartial third party (one or more arbitrators) instead of a judge or jury in court. See the section on Arbitration for much more information.
Unless the rules of the arbitration proceeding provide otherwise, in most cases the decision (called an "award") of the arbitrator is binding on the parties and "final."
It is sometimes necessary for the arbitrator’s award to be submitted to a court of law and "confirmed" for entry as a court judgment. That makes it enforceable as any other order of the court. The confirmation process is sometimes informally – but erroneously -- called an "appeal" by non-lawyers. |
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