Arbitration Act (Cap. 387)

Arbitration Act (Cap. 387), article 70A

Official PDF on legislation.mt

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.

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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.