What is an interlocutory appeal?
An interlocutory appeal is a legal option available in arbitration when a party wishes to challenge a decision made by an arbitrator. It occurs when one party believes the arbitrator has made a mistake in a ruling before the conclusion of the case. The party can file an interlocutory appeal with a court in the District of Columbia to contest the decision. If the court sides with the appellant, the arbitrator’s decision will be overturned, and the arbitration process may need to be restarted. When appealing, the appellant must provide evidence that the decision was wrong and that the courts should overturn it. This is done by showing that the decision was based on an error in law or fact, or if the arbiator had exceeded their authority. The court will review the evidence provided and decide if the appellant has provided a valid reason to appeal the arbitrator’s decision. If the court decides the interlocutory appeal is valid, the case will be sent back to the arbitrator with instructions on how to proceed. The appellant may also have the opportunity to present new evidence or make new arguments. The arbitrator will then make a new decision based on the evidence provided by both parties. If the court denies the interlocutory appeal, the unsuccessful appellant can still file a regular appeal after the arbitration is complete. However, they must still provide valid evidence to contest the original arbitrator’s decision.
Related FAQs
What is an interlocutory appeal?What is the public policy exception to the enforcement of an arbitration agreement?
Can an arbitrator award punitive damages?
Are there any ethical considerations in arbitration?
Can arbitration awards be appealed?
Can I challenge an arbitrator’s decision?
What is the definition of “party autonomy” in arbitration?
Are there any special considerations for consumer arbitration?
What are the differences between arbitration and other forms of dispute resolution?
Is there an appeals process for an arbitration award?
Related Blog Posts
Unlocking the Basics of Arbitration Law: What You Need to Know - July 31, 2023Top Tips for Navigating Arbitration Law Successfully - August 7, 2023
Comparing International and Domestic Arbitration: What Businesses Should Know - August 14, 2023
Effective Strategies for Drafting Arbitration Agreements - August 21, 2023
Common Misconceptions About Arbitration Law: What Everyone Needs to Know - August 28, 2023