Appealing the arbitral decision before the arbitration board - A comparative analytical study –

Abstract

The arbitration system in most legal systems does not know the levels of litigation applicable in the judicial system, as the task of the arbitrator or the arbitral tribunal ends with the issuance of the arbitration decision that terminates the litigation, without most arbitration systems allowing to challenge this decision except by one way, which is nullity to control the legality of the arbitration decision. Whereas, the arbitration decision may be issued by an arbitrator entrusted with a judicial task, even though he may not have the necessary experience to deal with legal issues. The issue of appealing against the arbitration decision is still a matter of controversy as it is one of the issues that shows the extent of the power that this decision enjoys, as well as the extent of the authority that the law permits to control those decisions, and the effect of all this on the resort and the willingness of individuals to arbitrate as an alternative means of resolving disputes