57.5 Appeals

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ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

57.5 Appeals

Copyright © 2025 LexisNexis

| Commentary

If a party wishes to appeal against the court’s decision on the challenge, it must apply for leave to do so¹.

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C: ARBITRATION

58.1 Overview of application

58.2 Serious irregularity

58.3 Failure by arbitral tribunal to comply with its general duty

58.4 Tribunal exceeding its powers

58.5 Failure by arbitral tribunal to conduct proceedings in accordance with agreed procedure

58.6 Failure by arbitral tribunal to deal with all the issues put to it

58.7 Exceeding of powers by arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award

58.8 Uncertainty or ambiguity as to the effect of the award

58.9 Award obtained by fraud or award (or the way in which it was procured) being contrary to public policy

58.10 Failure to comply with requirements as to the form of award

58.12 Substantial injustice

58.13 Remedies

58.14 Appeals

59.1 Overview of appeal procedure

59.2 Question of law

59.3 Facts and law

59.4 Availability of appeal

59.5 Substantially affect the rights of the parties

59.6 Question which the tribunal was asked to determine

59.7 Obviously wrong or a question of general public importance and the tribunal’s decision is at least open to serious doubt