The following Arbitration guidance note Produced in partnership with Leigh-Ann Mulcahy QC and Tetyana Nesterchuk of Fountain Court Chambers provides comprehensive and up to date legal information covering:
This Practice Note considers appeals against arbitral awards on points (or questions) of law before the courts of England and Wales pursuant to section 69 of the Arbitration Act 1996 (AA 1996) (England and English are used throughout as convenient shorthand). It should be read alongside Practice Notes:
AA 1996—appealing the award—leave to appeal (s 69), which considers obtaining leave (or permission) to appeal an award under AA 1996, s 69, and
AA 1996—appealing the award—questions of law versus questions of fact, which provides more information on the distinction between questions of law and questions of fact for these purposes
As discussed in Practice Note: AA 1996—challenging and appealing arbitral awards in the English court, an arbitral award can only be challenged or appealed under AA 1996 on limited grounds. A party may seek to challenge an award for lack of substantive jurisdiction under AA 1996, s 67 or for serious irregularity under AA 1996, s 68—see Practice Notes: AA 1996—challenging substantive jurisdiction post-award (s 67), AA 1996—challenging the award on grounds of serious irregularity (s 68) and AA 1996—challenging the award—categories of serious irregularity (s 68).
Under English law, an appeal in respect of an arbitration award can only be brought under AA
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