Journal article Open Access

Appeal of Arbitration Decisions in International Practice

E.Sh. Farkhadova

The article deals with the possibility of appealing against decisions made by arbitration institutions in international practice. The author considers the issue of appealing arbitral awards in various countries such as Austria, the United States of America, the United Kingdom, China, France and others. In that part there were mentioned the typical features of foreign arbitrations, their bodies and the existence of appeal mechanisms for the issued arbitrational awards. Lastly, the author considers the possibility of an appeal review of arbitrational awards in Ukraine.

For instance, the Arbitration Institutes of South Africa, Austria and France offer optional litigation procedures for parties to international commercial disputes. In both Austria and South Africa, arbitration awards are final and binding unless the parties agree on the possibility of contesting the decision. In Austria appeals are referred to a second-tier arbitration panel, while parties to an arbitration agreement in South Africa may decide to review the decision of another arbitral tribunal or the High Court for a ruling. However, the Paris Arbitration Tribunal provides for a two-levels procedure: after a preliminary ruling by the arbitral tribunal at the first stage of consideration, the party may request the case’ reconsideration in the second panel before the final decision is rendered.

Moreover, to establish the possibility of such an appealing, there is taken into account the rules of International Chamber of Commerce, Judicial arbitration and mediation services, Chinese international economical and trade arbitrational commission. All of the abovementioned rules make it clear that any proposals put forward should not the "affect the arbitration tribunal's freedom of judgment" or the "adjudication independence".

The author emphasises on the need to introduce an appeal mechanism precisely at the institution that examined the case; this would serve the greater legitimacy of the decisions made. Moreover, it is examined that there are two ways in the possibility of such an appealing by the institutions: (1) on the basis of the institutions’ regulations; or (2) on the basis of the certain arbitration clause. The latter is determined by the parties to the treaty, and must be concluded in written.

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