Practically speaking, the answer is “no.” As many know, Amazon’s Terms of Service and other agreements require that any disputes be submitted to binding private arbitration (as opposed to resolution through the process of a public court proceeding). Through movies, television, and literary depictions and descriptions, many people have some sense of how court proceedings function. The trial of the issues is conducted in a courtroom setting, with a judge and, sometimes, a jury governed by statutory Rules of Evidence and other procedures. Generally speaking, litigants in public court cases have a right to appeal any negative aspect of the final verdict from a court case. Those appeals are taken to what are most often called Courts of Appeal.
By contrast, arbitration proceedings are conducted in spaces more akin to conference rooms. Further, there is never a jury, and there is no judge. Rather, the matter is decided by arbitrators, from one to a panel of three arbitrators. Also, while statutory Rules of Evidence and other procedures are used, such are used with more flexibility. Importantly, arbitration proceedings and results are private AND are generally non-appealable.
So, for advocates of arbitration, these are the two primary benefits of arbitration: privacy and a general lack of appealability. Two other notable benefits are speed and lower cost. Court cases can take years to complete, and years can be added because of potential appeals. In theory, because arbitrations are finished more quickly, arbitrations are also less expensive.
Thus, when a person or business submits an Amazon dispute to arbitration, the result of that arbitration is final. This applies to all parties, so if the arbitration award goes against Amazon, Amazon is also barred — generally — from seeking any sort of appeal.
Are there exceptions?
Yes, there are some exceptions to this general rule of non-appealability. However, they are very rare and are difficult to prove. This is why we can say that, as a matter of practice, Amazon arbitration awards are non-appealable.
The typical three exceptions involve situations where one or more arbitrators or the proceedings were corrupt, evidently and obviously partial to one side, or the arbitrators engaged in some sort of misconduct. For example, evidence that an arbitrator was bribed or under duress in some manner would be a valid basis for appeal. However, no basis for appeal would be found for an argument that the arbitration ignored certain evidence or misapplied some law.
There is also a fourth basis for appeal where one party argues that the arbitrator and/or the entire proceeding exceeded the powers granted. This is often an argument that the contract or other facts in the case did not permit arbitration at all or that some issue in the case was not subject to arbitration.
Finally, allowable appeals can be had for what might be called “technical matters.” An example might be an appeal over an obvious mathematical error in calculating the award due to one party.
Contact the Amazon Resolution Attorneys at Revision Legal
For more information, contact the experienced Amazon Resolution Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
