Law library and case analysis · Austria · Belgium · European Union
LAWxPERT Sign in Free account

Cap. 387 · cap/387 (Cap. 387)

Cap. 387 Art. 70AAppeal on point of law.

PART VI

In forceOfficial text

(1) A party to arbitral proceedings may appeal to the

Court of Appeal on a point of law arising out of a final award made in the proceedings unless -

(a) the parties have expressly excluded such a right to appeal in the arbitration agreement or otherwise in writing; or

(2) When an appeal is filed, the applicant shall notify the arbitrators and the Centre with a copy of the application as soon as practicable but not later than fifteen days after the appeal is filed.

(3) The Court of Appeal shall only consider the appeal if the Court is satisfied -

(a) that the determination of the point of law will substantially affect the rights of one or more of the parties;

(b) that the point of law is one which the tribunal was asked to determine or otherwise relied upon it in the award;

(c) that on the basis of the findings of fact in the award the decision of the tribunal on the point of law is prima facie open to serious doubt; and

(d) that based on a review of the application, any response and the award, the appeal does not appear dilatory and vexatious, and in all other cases the Court shall dismiss the appeal.