Unit 7 Arbitration.ppt

The transfer extinguishes the transferor’s right to receive the performance in whole or in part and gives that right to receive performance to the third-party transferee. The transfer extinguishes the transferor’s right to receive the performance in whole or in part and gives that right to receive performance to the third-party transferee. 7.09 Appellate Review of the Award (复裁) Example 26 Appellate Review of the Award (a) Right to Appeal. Either party has the right to appeal the arbitration panel’s award to an appellate arbitrator by filing with the AAA, no later than 20 days after transmittal of the award, a written brief, not to exceed 20 pages, stating the reasons why the panel’s decision should be reversed or modified. The opposing party shall file with the AAA and serve on the appealing party, no later than 20 days after receiving the appeal brief, an opposition brief, not to exceed 20 pages. The AAA is to appoint the appellate arbitrator who is to be a retired judge of a court of record in the state in which the arbitration was held. The AAA is to make this appointment directly, without submission of lists of proposed arbitrators. Translation: (a) 复裁申请权。 每一方均有权于仲裁裁决书送达之日起二十天内，通过向美国仲裁协会提交一份不超过20页的书面复裁申请并陈明推翻或修正该仲裁裁决的理由的方式，就该裁决申请仲裁员复裁。 另一方应当在收悉该上述申请（副本）之日二十天内向美国仲裁协会提交一份不超过20页的上述申请之答辩书。美国仲裁协会将任命仲裁地所在州之记录在册的退休法官为复裁仲裁员。美国仲裁协会将在不提供拟任仲裁员名册的情形下直接任命仲裁员。 7.09 Appellate Review of the Award (复裁) Example 26 Appellate Review of the Award (b) Oral Argument; Appellate Decision. Either party has the right to request oral argument, which must be conducted no later than 14 days after the submission of the final brief. The appellate arbitration is to be based only on the record of the initial hearing and oral argument, if any. The appellate arbitrator is to render a written decision no later than 20 days after receiving the final appellate submissions. The appellate arbitrator’s decision may be a final decision or it may affirm, reverse, modify or remand the matter fo