Optional Appeal Procedure Sample Clauses
The Optional Appeal Procedure clause establishes a process by which parties may choose to appeal a decision or outcome within a contractual or dispute resolution framework. Typically, this clause outlines the steps, timelines, and conditions under which an appeal can be initiated, and may specify the forum or authority that will hear the appeal, such as an appellate panel or a higher arbitration body. Its core function is to provide an additional layer of review, ensuring that parties have a mechanism to challenge or seek reconsideration of decisions they believe are incorrect or unjust, thereby enhancing fairness and confidence in the resolution process.
Optional Appeal Procedure. (a) The Appeal Panel will consist of three neutral members, unless the Parties agree that there will be one neutral member. Upon receipt by the Case Administrator of the written agreement of the Parties to the Optional Appeal Procedure, the Case Administrator will recommend to the Parties an Appeal Panel and will make any disclosures that are mandated by applicable law regarding the candidates for the Panel. The Case Administrator will seek the agreement of the Parties as to the selection of Appeal Panel ___ mbers. If the Parties do not agree on the composition of the Appeal Panel within seven (7)calendar days of having received the Case Administrator recommendation for the Appeal Panel, the Case Administrator will appoint an Appeal Panel.
(b) The procedure for filing and arguing an Appeal is as follows:
(i) If all Parties have agreed to the Optional Appeal Procedure, any Party may Appeal an Arbitration Award that has been rendered pursuant to Rule 22 and has become final. The Appeal must be served, in writing, to the Case Administrator and on the opposing Party(ies) within fourteen (14) calendar days after the Award has become final. The letter or other writing evidencing the Appeal must specify those elements of the Award that are being appealed and must contain a brief statement of the basis for the Appeal.
(ii) Within seven (7) calendar days of the service of the Appeal, the opposing Party(ies) may serve on the Case Administrator and on the opposing Party(ies) a Cross-Appeal with respect to any element of the Award. The letter or other writing evidencing the Cross-Appeal must specify those elements of the Award that are being Appealed and must contain a brief statement of the basis for the Cross-Appeal.
(iii) The record on Appeal will consist of the stenographic or other record of the Arbitration Hearing and all exhibits, deposition transcripts and affidavits that had been accepted into the record of the Arbitration Hearing by the Arbitrator(s). The Parties will cooperate with the Case Administrator in compiling the record on Appeal, and the Case Administrator will provide the record to the Appeal Panel. No evidence not previously accepted by the Arbitrator(s) will be considered by the Appeal Panel, unless the basis of the Appeal is non-acceptance by the Arbitrator of certain evidence or unless the Appeal Panel determines that there is good cause to re-open the record pursuant to Rule 23(d).
(iv) The Parties may elect to rely on the memoranda or briefs...
Optional Appeal Procedure. 10 Rule 24. Enforcement of the Award ............................................................. 11 Rule 25. Confidentiality and Privacy .......................................................... 11 Rule 26. Waiver of Objection .................................................................. 11