Appellate Process Clause Samples

Appellate Process. (1) A Member State may appeal to the COMESA Court of Justice, within 60 days, a panel decision on the basis of procedural irregularity, an error of law or a material and manifest error of fact. Such appeals shall proceed in accordance with Annex A. No other appeal or arbitration review process shall be applicable to arbitrations under this Agreement. (2) The appellate process shall apply, mutatis mutandis, the rules of procedure for the arbitration tribunals, subject to such moficiations as required by this Agreement. (3) The appeal must be filed within 60 days of the decision being appealed. (4) The CCIA Committee shall establish, at it first meeting, the timelines for the appellate process. (5) The decision on appeal shall be final and binding and not subject to further appeal or judicial review. (6) A tribunal decision not taken to appeal shall have the same final and binding status.