Rule of Manifest Error or Clear Error: This rule stipulates that an appeals court is unable to alter a decision made by a lower court unless there is a clear and obvious mistake. The appeals court must thoroughly review all evidence and ensure that the lower court’s decision was rational before making any changes.
The manifest-error-or-clearly-wrong rule is a legal principle that is applicable in certain jurisdictions. It stipulates that an appellate court cannot reverse a trial court’s factual finding unless a thorough review of the entire record demonstrates that the finding lacks any reasonable basis. For instance, suppose a trial court determines that a defendant is not guilty of a crime due to insufficient evidence to establish guilt beyond a reasonable doubt. If the appellate court examines the record and determines that the trial court’s decision was based on a reasonable interpretation of the presented evidence, then the appellate court is prohibited from overturning the decision. Another example could involve a trial court’s decision to grant custody of a child to one parent over the other. If the appellate court reviews the record and finds that the trial court’s decision was made after reasonably considering the child’s best interests, then the appellate court cannot reverse the decision. The manifest-error-or-clearly-wrong rule aims to show deference to trial court judges who are in the best position to assess the evidence and make factual determinations. Additionally, it promotes consistency and finality within the legal system by limiting the circumstances under which appellate courts can overturn trial court decisions.
The Manifest-Error-Or-Clearly-Wrong Rule is a legal principle that allows a court to overturn an arbitration award if it is found to be clearly erroneous or against the clear intent of the parties involved.
This rule can be applied in cases where there is a dispute over an arbitration award and one party believes that the decision is clearly wrong or based on a manifest error.
The court will review the evidence presented during the arbitration process and assess whether the decision reached by the arbitrator is clearly erroneous or against the clear intent of the parties involved.
No, this rule can only be used to challenge arbitration awards that are subject to judicial review. Some arbitration agreements may explicitly exclude the application of this rule.
The standard of review is typically high, requiring the challenging party to demonstrate that the arbitration award is not just incorrect, but clearly wrong or based on a manifest error.
No, the court’s role is not to substitute its own judgment for that of the arbitrator. The court’s task is to determine if the award is clearly wrong or based on a manifest error, not to reevaluate the merits of the case.
If the court determines that the award meets the criteria of the Manifest-Error-Or-Clearly-Wrong Rule, it may overturn the award and either remand the case for a new arbitration or modify the award accordingly.
Yes, the parties can agree to waive the application of this rule in their arbitration agreement. However, such waivers must be explicit and clear to be enforceable.
Yes, there are limitations. Generally, parties must raise their objections to the award during the arbitration process itself. Failing to do so may limit their ability to challenge the award later.
The application of this rule in international arbitration may vary depending on the governing law and the arbitration agreement. It is important to consult the specific rules and regulations applicable to the international arbitration in question.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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