Appeal of Arbitral Award is a Hearing de Novo

August 15, 2023

by Kathryn Manning

An application to set aside an arbitral award for lack of jurisdiction is a hearing de novo, not a review or appeal from the decision of the tribunal – with the caveat that where a party has participated fully in the arbitration, its failure to raise a piece of evidence before the tribunal may be relevant to the weight the court should assign to that evidence.

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