| Commentary

5.8 Exclusion of appeal to court

| Commentary

5.8 Exclusion of appeal to court

The Arbitration Act 1996 Section 69(1) provides that parties to arbitral proceedings may appeal to the court on a question of law arising out of an award ‘unless otherwise agreed by the parties’. Parties who wish to exclude this right of appeal and thus avoid the attendant delay and expense sometimes incorporate the following wording in the arbitration clause:

‘and the decision of the arbitrator shall be final and binding on all the parties’

It is not safe to assume that the inclusion of such words will be held to amount to an exclusion agreement for

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