What is an interlocutory appeal?
An interlocutory appeal, or interim appeal, is a legal process in Delaware wherein a party appeals an arbitration court’s decision before entering a final judgment. This allows a court to review a decision before the completion of a case. It is an appeal of an interlocutory order, which is a temporary, non-final ruling issued by an arbitration court. An example may be an order that requires a party to pay interim costs. Interlocutory appeals are common in Delaware’s arbitration law, and can be filed in the Supreme Court when the court issues an interlocutory order. This is a procedure intended to eliminate unnecessary delay in the arbitration process. It seeks to resolve issues quickly in order to efficiently determine the outcome of the case. Another purpose of an interlocutory appeal is to preserve issues and findings during the arbitration proceedings. This allows these issues to be properly raised during the hearing or trial. This may be necessary if a party is anticipating an unfavorable outcome and wants to make sure the court makes its decision based on the correct set of facts. Generally, a party seeking to file an interlocutory appeal must move for a stay of the lower court’s decision, or a suspension of arbitration until the appeal is decided. This process can be used to challenge the application of law or an arbitration court’s interpretation of a particular legal issue. Interlocutory appeals can also be helpful in preserving rights and remedies available to a party during the arbitration process.
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