Q&As

If a party to an arbitration wished to make an appeal against the arbitrators final award, say on a point of law under section 69 of the Arbitration Act 1996, should the appeal be made to the County Court or the High Court or would either have jurisdiction to consider the appeal?

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Published on LexisPSL on 24/09/2018

The following Arbitration Q&A provides comprehensive and up to date legal information covering:

  • If a party to an arbitration wished to make an appeal against the arbitrators final award, say on a point of law under section 69 of the Arbitration Act 1996, should the appeal be made to the County Court or the High Court or would either have jurisdiction to consider the appeal?

If a party to an arbitration wished to make an appeal against the arbitrators final award, say on a point of law under section 69 of the Arbitration Act 1996, should the appeal be made to the County Court or the High Court or would either have jurisdiction to consider the appeal?

An appeal of an arbitration award can only be brought under section 69 of the Arbitration Act 1996 (AA 1996). Such an appeal is limited to an appeal on a point of law. The court will only grant leave to appeal in very rare circumstances. For more information on the procedure for appealing an award on a point of law, see 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).

CPR PD 62, para 2.1 provides that an arbitration claim under the AA 1996 (other than under section 9: ‘Stay of legal proceedings’) must be started in accordance with the High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996 (the Order), SI 1996/3215 by the issue of an arbitration claim form.

Article 2 of the Order provides that subject to Articles 3 to

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