Arbitration
5. Post-Arbitration Stage
Last updated: 18 Jun 2015
- An arbitral award is binding on the parties. It can be enforced by a court.
- The recognition or enforcement of an arbitral award can be refused on limited grounds for reasons such as:
- incapacity of any party to the arbitration;
- lack of proper notice;
- dealing with issues not within the terms of the submission to arbitration;
- the composition of the tribunal not in accordance with the agreement of the parties or unlawful;
- the findings of the court that the subject matter of the arbitration is not capable of settlement by arbitration and the enforcement of the award would be contrary to the public policy (s 36 of the CAAs).
- The right of appeal from an arbitral award exists under s 34A of the CAAs. However both the parties must agree that an appeal may be made and the court must grant leave (permission).
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