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Appeal, from arbitrator, procedural issues

Procedural issues in Arbitral Appeals

From WCC E.Bulletin No. 41 March 2011 >>

Provision of a Chronology

An application to appeal against the decision of an  arbitrator must now include a chronology, in accordance with Part 16, Rule 16.2(4)(e) of the 2010 Rules.

The chronology should be a document which provides assistance in understanding the history of the matter.

In addition to procedural events before the Commission, the chronology should also include (where relevant), the principal factual events such as:

Referring to Evidence in Submissions

When parties refer to evidence tendered at the arbitration in their submissions on appeal, the Commission requests that the submissions contain a citation of the page number where that evidence appears.

Provision of Transcript

As soon as possible after an appeal is lodged  under s 352, the Commission organises the  preparation of  a transcript of the arbitral proceedings and will issue a copy to each party to the appeal.

A copy of the transcript is also placed on the Commission file.

It is unnecessary for parties to attach a copy  of the transcript to their submissions on appeal.

However, where parts of the transcript are relevant to the submissions made on appeal, the relevant page and line number should be cited.

Parties are asked to note that the numbers on the left hand side of the transcript refer to line numbers, not paragraph numbers.

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