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Hello tutor,what is the difference between an “appeal” and an “appeal by way of case stated”?
And what is the meaning of the 2,3,4 sentence which extracts from study text,which would be helpful if tutor can explain it in more simpler word or list an example,thank you in advance 🙂2.The ECJ is ordered along civil law lines ,but an unofficial system of precedent can arise where national states are reluctant to refer similar casrs to the ECJ once a clear decision has been made.
3. person cannot challenge an arbitrator in whose appointment they were involved on the ground pf matters of which they were aware at the time of the appoinment.
4.the composition of tribunal was incorrect
(set aside of award)The ‘case stated’ situation arises where an inferior court asks a superior court for their opinion, typically about a point of law, on the case that has just been decided on by the inferior court
An ‘appeal’ is simply where the loser in a case decides to take the same case to a higher court – so it’s not asking for an opinion about a particular element of the law involved. Rather it’s asking for the whole case to be re-heard
2 – what’s the point of a national court appealing to the ECJ where the ECJ has already pronounced their verdict on a similar case in the past?
3 – where a disputing party has been involved in the appointment of an arbitrator, it would be silly to allow that same party then to object to the appointment of that arbitrator
4 – you are aware that the format of a tribunal is not a result of guesswork – there is a laid down procedure for the appointment to tribunals. If you believe that the formation and / or composition of the tribunal is not in accordance with this laid down procedure, then you may object to have the award set aside
OK?
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