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  • 3.3.7-COTTON MARKETING-APPEAL AGAINST AN ARBITRATION AWARD

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  • Appeal against an arbitration award

    Chapter 3 - Cotton marketing - Arbitration 

     
     
    If either party disagrees with the first tier award it can lodge an appeal with ICA within the time limit specified in the award. Once this is done, ICA may demand a deposit against fees, expenses and costs of the appeal. If the appellant fails to pay the deposit, the appeal may be dismissed.

    The appellant will send its reasons for the appeal, and the respondent will send its response. Once these formalities have been concluded, a technical appeal committee will be appointed, consisting of members with no involvement in the first tier arbitration. This committee consists of a chairperson (who must be a director or ex-director of ICA when appointed) and four other members.

    Either party can object to the committee chairperson or members provided they supply the reasons for their objection and do so within the stated time limits. An objection will be upheld only where substantial injustice may result; if it is upheld a substitute member will be appointed to serve.

    The appeal proceedings operate under a standard timetable which allows each party an adequate opportunity to present its case and to comment on that of the other party. Once this procedure is complete and the deadline for submissions has expired, further submissions will be allowed only with both parties’ agreement or if the committee consider that substantial injustice would result from not allowing the additional submissions.

    The appeal committee will take into account the parties’ arguments and any new evidence supplied. It may vary and amend, confirm, or set aside the original award, and will write a new award that covers all the matters presented in the dispute. The new award is binding on the parties.