The following Arbitration practice note Produced in partnership with King & Spalding LLP and Leigh-Ann Mulcahy QC and Tetyana Nesterchuk of Fountain Court Chambers provides comprehensive and up to date legal information covering:
Section 69 of the Arbitration Act 1996 (AA 1996) provides that parties to an arbitration seated in London may appeal any award arising from the arbitration on a 'question of law'. This Practice Note deals with the distinction between a question of law and a question of fact for the purposes of AA 1996, s 69.
In practice, AA 1996, s 69 appeals rarely succeed and the hurdles for permission to appeal (which must be obtained) under that section are substantial. Those hurdles, as well as practical issues arising with respect to any AA 1996, s 69 appeal, are discussed in Practice Notes: AA 1996—appealing the award—leave to appeal (s 69) and AA 1996—appealing the award—appealing on a point of law (s 69).
As an appeal under AA 1996, s 69 is only available (assuming it has not been excluded by agreement of the parties) with respect to questions of law, much of the case law on the application of that section deals with how a question of law is to be discerned from the various determinations contained in an arbitral award.
The difficult task of separating decisions of law from decisions of fact or mixed fact and law will be at the heart of any attempted AA 1996, s 69 appeal.
Although it predates AA
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