Once an arbitration award is issued, an often-asked question by lawyers and litigants alike is: Can we appeal? Well, it depends.

The concept of “appealing” or challenging an arbitration award must be placed in context. When initially designed, arbitration procedures offered a very streamlined process, frequently used to resolve a growing number of commercial and labor disputes. Parties appeared for the hearing before a neutral, armed with their proofs, a hearing was held, and a binding decision was issued. There was no discovery, and application of court rules of procedure or evidence were relaxed. Arbitration served as a simple, speedy, more cost-effective alternative to litigation.