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Arbitration challenge: Pt 3

06 March 2015 / Nicole Finlayson , Clare Arthurs , Richard Marshall
Issue: 7643 / Categories: Features , Profession , Arbitration
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In their third update, Richard Marshall, Nicole Finlayson & Clare Arthurs discuss how to run a successful s 69 appeal

In this third article considering how parties can challenge awards under the Arbitration Act 1996 (the Act), we look at recent developments relating to s 69. Under s 69, a party to arbitral proceedings may appeal to the court on a point of English law arising out of an award. The question is, will this third way prove any easier to navigate than its statutory brethren? (see “Arbitration challenge: Pt 1”, 164 NLJ 7623 p 25 & “Arbitration challenge: Pt 2", 164 NLJ 7628 p 35)

Appeal on a question of law

Unlike ss 67 and 68, s 69 is not a mandatory provision. It is open to parties to exclude the s 69 right to appeal by providing for this in the arbitration agreement or using a set of rules (eg the ICC rules) which expressly exclude any right of appeal. Parties

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