Under what circumstances the appointment of arbitrator can be challenged?

(a) An arbitrator may be challenged only if circumstances exist that, from the perspective of a reasonable third person having knowledge of the relevant facts, give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties.

Can an arbitrator hold you in contempt?

While arbitrators do not have the authority to hold a party in contempt, most parties are reluctant to antagonize an arbitrator by refusing to obey his or her directive.

What are the rules for the conduct of Arbitration?

They require that the arbitrator plays a more active and interventionist role than he would do under the Standard Procedure Rules. The Small Claims Arbitration Tribunal (SCAT) Rules are intended for matters involving less than R60 000 and preclude legal representation. The Arbitrator’s fee is fixed.

How are arbitration hearings different from judicial proceedings?

Compared with judicial proceedings, arbitration hearings are relatively informal. rbitrators are not bound by formal rules of procedure5 so long as the hearing is fairly conducted.6 An arbitrator has broad discretion in conducting the hearing and determines what the rules governing the arbitraiton are.7

Can a party complain if the arbitrators did not hear a claim?

Each party must be allowed an opportunity to present the claims the party has in full.3 Where a party having a fair opportunity to do so fails to offer any evidence, the party cannot later complain that the arbitrators did not hear the party.4

Can a consumer challenge an arbitration award in court?

Although a consumer or employee can try to challenge enforcement of unfair rules in court, the ability to challenge arbitration agreements has been substantially limited by the courts. Moreover, arbitrators are often reluctant to award generous damages to prevailing parties, and their awards are not appealable.

What are the rules for court ordered arbitration?

The court may submit any other civil action to arbitration under these rules or any modification thereof, pursuant to agreement by the parties approved by the court provided that the parties agree in writing that the award shall be binding. (c) Court-Ordered Arbitration in Cases Having Excessive Claims.

Can a party appeal an authority decision in arbitration?

If a party disagrees with an Authority decision in an arbitration case, then the party may file a motion for reconsideration under 5 C.F.R. § 2429.17 . But a party generally may not appeal an Authority decision in an arbitration case to any court, unless a ULP is involved.

What happens when no exceptions are filed in arbitration?

After the Authority issues a decision that resolves exceptions to an arbitrator’s award, or no exceptions (or procedurally sufficient exceptions) are filed, the arbitrator’s award becomes final and binding, and a party’s refusal to comply with the award may be an unfair labor practice (ULP).