What is an interlocutory appeal in international litigation?
Interlocutory appeal, also known as an interlocutory review, is an appeal of an order or decision before the end of the legal proceedings. It is not the final decision, but rather a ruling made prior to the final ruling. In international litigation, an interlocutory appeal is an appeal by either the plaintiff or respondent of a court’s ruling or decision before the case has been completed and a judgement has been rendered. These appeals are typically used to challenge a court’s decision or ruling which impedes the case from progressing towards its final resolution. In the state of Washington, a party may appeal an interlocutory order if: (1) the order will have a significant and ongoing effect on the case, (2) the appeal presents an important legal issue that requires resolution, and (3) the appeal will help move the case forward toward an ultimate resolution. Such an appeal is called an ‘interlocutory appeal’ because it takes place before the final resolution of the case. In international litigation, when a court rules on an issue which is in dispute, either party has the right to seek an interlocutory appeal of that ruling while the trial is still ongoing. This process allows the higher court to review the decision of the lower court before the case is completed and a judgement is issued. The purpose is to ensure that an incorrect ruling is not the basis of a judgement before the case is completed.
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