Arbitration Act (Cap. 387)
Arbitration Act (Cap. 387), article 70A
70A. (1) A party to arbitral proceedings may appeal to the
Court of Appeal on a point of law arising out of a final award made
in the proceedings unless -
(a) the parties have expressly excluded such a right to
appeal in the arbitration agreement or otherwise in
writing; or
ARBITRATION [CAP. 387. 29
(b) notwithstanding anything stated in the arbitration
agreement, the parties have expressly agreed that no
reasons are to be given in the award in accordance with
article 44(3).
(2) When an appeal is filed, the applicant shall notify the
arbitrators and the Centre with a copy of the application as so on as
practicable but not later than fifteen days after the appeal is filed.
(3) The Court of Appeal shall only consider the appeal if the
Court is satisfied -
(a) that the determination of the point of law will
substantially affect the rights of one or more of the
parties;
(b) that the point of law is one which the tribunal was
asked to determine or otherwise relied upon it in the
award;
(c) that on the basis of the findings of fact in the award the
decision of the tribunal on the point of law is prima
facie open to serious doubt; and
(d) that based on a review of the application, any response
and the award, the appeal does not appear dilatory and
vexatious,
and in all other cases the Court shall dismiss the appeal.
Identification of
point of law.
Added by:
XXXI. 2002.248.
Amended by:
XXII. 2005.93.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.