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Cap. 555 · Arbiter For Financial Services Act (Cap. 555)

Cap. 555 ст. 27Appeal and enforceability. Cap. 12. Cap. 12. Cap. 12.

PART V

ДействуетОфициальный текст

(1) The decision reached by the Arbiter, including any interlocutory decisions, may be subject to appeal by either party.

(2) (a) The appeal from a decision as referred to in sub-article

(1) shall lie to the Court of Appeal (Inferior Jurisdiction) constituted in terms of article 41(9) of the Code of Organization and Civil Procedure.

(b) Appeals from interlocutory decisions may only be entered after the final decision.

(3) An appeal to the Court of Appeal (Inferior Jurisdiction) in terms of article 41(9) of the Code of Organization and Civil Procedure shall be filed in the registry of the said Court within twenty days from the date when the decision of the Arbiter is notified to the parties or, in the event that a request for clarification or correction of a decision is requested in terms of article 26(4), from the date when such interpretation or clarification or correction made by the Arbiter shall be notified to the parties, and such an appeal shall be regulated by the rules of court made under article 29 of the Code of Organization and Civil Procedure.

(4) Where no appeal is filed by any party, the decision of the Arbiter shall become res judicata.

(5) A copy of such a decision shall be provided by the Arbiter to the Board. Such decisions shall be held in an appropriate Register, which Register shall be accessible to the public upon request.

(6) After the decision of the Arbiter becomes as res judicata stipulated in sub-article (4), if in the Arbiter’s opinion there is substantial evidence of any significant breach of duty or misconduct on the part of a financial services provider, or any criminal conduct of any of the parties, the Arbiter shall refer the matter to the competent authorities to take any further appropriate action, if any, according to law.

(7) A decision of the Arbiter that has become the res judicata, terms of settlement recorded by the Arbiter in terms of article 22(7)(c)(ii) and a decision of the Court of Appeal (Inferior Jurisdiction), shall constitute an executive title in terms of article 253 of the Code of Organization and Civil Procedure.