After the Decision: Can I Appeal?

Image of letter blocks spelling out the word inquiryArbitration is designed to facilitate prompt resolution of disputes with binding decisions. Toward that end, the ability to appeal a decision is limited to the Property and Special Forums and must meet certain criteria (see Rule 2-12 on Page 4 of AF Rules for more details).

Separate from this formal appeal process, parties in arbitration can file a potential clerical or jurisdictional error with AF, known as a Post-Decision Inquiry or PDI, within 30 days of the decision publication (see Rule 4-2 on Page 6 of AF Rules for more details). These potential errors must be filed online via AF’s website:  Post-Decision Inquiry.

So, how do you know if a potential clerical or jurisdictional error was made on a filing?

The short answer:  if the issue is a matter of the arbitrator’s interpretation of fact or law, it is not a clerical or jurisdictional error, and AF cannot take any action toward a possible change in the decision outcome. For more details about clerical and jurisdictional errors, read the definition of these terms on Page 8 of AF Rules.

Article published in: August 2018 E-Bulletin