Tokyo Dispute Resolution and Crisis Management Newsletter - October 2018

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Procedures for Speedy Appeals from Awards A Way To Alleviate Concerns About The Finality Of Arbitration -

Introduction -

The finality of arbitration can be a both a blessing and a curse. On the one hand, it gives the parties closure within a shorter timeline than litigation through the courts. On the other, the limited scope to challenge an award through the courts means that the losing parties can find themselves bound to comply with an award no matter how erroneous the findings of law or fact.

In this article, we look at procedures for speedy appeals under the rules of the International Institute for Conflict Prevention & Resolution, the American Arbitration Association and JAMS, and compare these against the more limited grounds for challenge under the US Federal Arbitration Act. We also consider the benefits of these rules in terms of providing recourse against bad awards, and consider the extent to which parties use these appeal processes in practice.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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