laranger: It's a matter of semantics. According to the ICC the award cannot be "appealed" to the ICC; however, it can be "challenged" in the court system.
Final, binding decisions
While several mechanisms can help parties reach an amicable settlement - for example through mediation under the ICC ADR Rules - all of them depend, ultimately, on the goodwill and cooperation of the parties. A final and enforceable decision can generally be obtained only by recourse to the courts or by arbitration. Because arbitral awards are not subject to appeal, they are much more likely to be final than the judgements of courts of first instance. Although arbitral awards may be subject to being challenged (usually in either the country where the arbitral award is rendered or where enforcement is sought), the grounds of challenge available against arbitral awards are limited.
Don't think so. Clerical errors, etc., are one thing. But I think the rules say that NOK can also challenge for much the same reasons in my last post, such as fraud, partiality, etc. What say you?
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