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Arbitration

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Arbitration

  • This topic has 3 replies, 2 voices, and was last updated 11 years ago by AvatarMikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
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  • March 2, 2015 at 1:41 pm #230966
    AvatarBarbara
    Member
    • Topics: 34
    • Replies: 50
    • ☆☆

    If the parties are not happy with the result of the arbitration, would it have an appeal with the arbitration tribunal or they should go to the court? Can they just dismiss the arbitration and bring the case to the court?

    Thank you.

    March 2, 2015 at 1:56 pm #230971
    AvatarMikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23368
    • ☆☆☆☆☆

    If they’ve agreed in the contract to go to arbitration in the event of dispute then they cannot simply choose later to ignore it. They’ve agreed to go, so they cannot choose instead to go to court.

    If there’s nothing in the agreement and a dispute arises, it could be that both parties agree to go to arbitration; or just one wants to and the other doesn’t; or neither of them wants to go to arbitration.

    Only in the first scenario would they go

    By agreeing to go to arbitration they are also agreeing that they shall abide by the arbitration decision. There are very limited rights of appeal and these tend to be on procedural grounds

    Ok?

    March 2, 2015 at 2:06 pm #230974
    AvatarBarbara
    Member
    • Topics: 34
    • Replies: 50
    • ☆☆

    That’s perfect Mike. Thank you very much.

    March 2, 2015 at 2:16 pm #230976
    AvatarMikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23368
    • ☆☆☆☆☆

    You’re welcome

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