AA 1996—appealing the award—appealing on a point of law (s 69)
Produced in partnership with Leigh-Ann Mulcahy QC and Tetyana Nesterchuk of Fountain Court Chambers
AA 1996—appealing the award—appealing on a point of law (s 69)

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:

  • AA 1996—appealing the award—appealing on a point of law (s 69)
  • An introduction to appealing an award on a point of law under AA 1996, s 69
  • Agreement of the parties under AA 1996, s 69(2)(a)
  • Excluding the court's jurisdiction for appeals under AA 1996, s 69
  • The test applied in applications for appeal on a point of law
  • Making the application for appeal

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:

  1. 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

  2. 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

An introduction to appealing an award on a point of law under AA 1996, s 69

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