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Hi Sir,
May i know can the arbitration agreement expressly provided that no appeal could be made to a court?
I imagine that this would not be allowable – in effect you would be depriving the ‘loser’ the right to have the Courts confirm the legality of an Arbitration Panel’s decision.
In essence, unlike a situation where a ‘loser’ in a Court case normally would have the right to appeal, in arbitration, there is no such right of appeal. In theory, at least, it is not possible to challenge an arbitration decision.
However, there are some limited options available to challenge. One option is to challenge the award on the grounds of serious irregularity in the proceedings of the Arbitration Panel and another option is to appeal the award on a point of law.
I believe that the removal of the right of appeal under those exceptions would be utterly contradictory to the general purpose and administration of justice.
OK?
As previously stated (and subsequently lost by me!) I don’t believe that I ever specifically mentioned this in lectures
OK?
Good morning Arahn
I don’t remember ever getting into such detail within the lectures. My response to Abraham has been drawn from deep within my memory banks (as more recently refreshed from a trip onto the internet)
OK?
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