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cial environment, or for matters of a potentially sensitive or embarrassing
While parties may seek to appeal an arbitrator’s decision to the courts if
they are unhappy with the result, this runs the risk of making the details of
the dispute accessible to those willing to search court files.
At the Centre, we have taken steps to reduce this risk by revising our
rules to provide an appeal mechanism, if so desired by the parties. Such an
appeal is administered by the Centre, including the appointment of an
appeal panel, though the parties can have input into the selection of adjudicators.
For example, parties have a right to raise objections to an appeal
panel on the grounds of possible conflicts or other issues.
If the parties want the option to pursue an appeal, they must elect to preserve
this option at the commencement of an arbitration.
The benefit of this arbitral appeal option is that it helps keep the process
private and confidential by providing an appeal option without resorting to
the courts, and the parties can define the scope of any eventual appeal.
Combined with recent court decisions that have shown a deferential attitude
toward arbitral decisions, the Centre is confident that our rules providing
for an arbitral appeal process will provide a further reason for courts to
resist the temptation to second-guess the outcomes of arbitrations, thereby
helping to keep matters confidential and private.
The Centre remains committed to serving the needs of our domestic and
international clients and is working to continue to be an innovator in the
area of alternative dispute resolution.