How do I dispute an arbitration award?

The Labour Relations Act (LRA) does not allow any party to appeal against an arbitration award. However, such awards can be overturned by other means. In fact, there are two ways of going about setting aside an arbitration award: by Labour Court review or by rescission application.

How can I get out of arbitration?

A defendant can waive the arbitration requirement by engaging in a court litigation that the consumer initiates, by refusing to pay arbitration fees or refusing to participate in the arbitration, or (according to some courts) by initiating collection litigation in a public forum against the consumer prior to the …

What happens after the arbitrator issues an award?

Instead, if a party wins in the arbitration and the other party does not do what the award says, the winning party may go to court to “confirm” the arbitration award. Under AAA rules, parties to AAA cases agree that the arbitration award can be entered as a judgment in any federal or state court with jurisdiction.

How long does it take to get an arbitration award from the CCMA?

The decision, called an arbitration award, is final and legally binding on both parties. The arbitration award is sent to the parties by the CCMA within 14 days of the finalization of the arbitration.

How does arbitration work to resolve a dispute?

At an arbitration hearing, a commissioner gives both parties an opportunity to fully state their cases. The commissioner then makes a decision on the issue in dispute. The decision, called the arbitration award, is legally binding on both parties. Attempts must generally be made to resolve the dispute through conciliation.

Is the decision of an arbitrator binding or non binding?

In binding arbitration, the decision of the arbitrator is final and it can be upheld in a court. In non-binding arbitration, adherence to the decision is voluntary for both parties. 3 

Instead, if a party wins in the arbitration and the other party does not do what the award says, the winning party may go to court to “confirm” the arbitration award. Under AAA rules, parties to AAA cases agree that the arbitration award can be entered as a judgment in any federal or state court with jurisdiction.

Are there any unfavorable outcomes in arbitration?

The final arbitration award is binding and cannot be revoked easily. If the arbitrator is not experienced or biased, it may lead to an unfavorable outcome. Arbitration may not be able to solve complex issues or those related to public law. If the process is designed poorly, the costs can go up significantly, and the process may not be as efficient.

What do you need to know about arbitration?

Arbitration is a way to resolve disputes outside of court. There is no jury or judge; rather, an arbitrator is present who makes the final decision, which is called the arbitration award. Arbitration is a popular alternative to litigation, and although both processes may seem similar, there are certainly obvious differences between them.

Can You appeal an arbitration award with the AAA?

Appeal of an Arbitration Award with the AAA The AAA can only handle an appeal of the arbitration award if the parties have agreed that an appeal is allowed. There is no right to appeal in arbitration like there is in court.