Optional Review
There is generally no appeal from an Arbitral award except for fraud,
lack of due process in the proceeding, or if local law at the situs of
any of the parties provides otherwise. This has caused considerable criticism
of the process. For this reason GlobalMedArb (GMA) is one of the very few arbitral
providers that offers an optional means of review, through the
addition of certain language in the Arbitration clause of the agreement.
The review proceeding is conducted by means of split-screen video-conferencing
utilizing computers. Arguments are presented
before a panel of five individuals, selected by crossing out names from
a fifteen-member board consisting of international legal experts. The
parties have a limited time to submit requests for review, file briefs,
and present oral arguments, followed by an equally short period for the
panel to submit either a one word ruling upholding the Arbitral award
or a reasoned opinion reversing the Arbitrator(s). In the latter event,
unless the agreement provides otherwise, the parties are free to proceed
as desired.
By offering the Optional Review, GMA addresses concerns associated
with fairness of the arbitration. The Review Panel
ensures the best possible degree of fairness and acceptance of the final
outcome.
Flowchart of the Expedited
Review Process
23 KB
The Expedited Review Process
16 KB
|