Arbitration: the appeal of consistency

• Appeals in arbitration matters.
• Facts and submissions.
• The decision.
• Reflections.

A party wishing to appeal to the Court of Appeal can seek leave to do so from either the court from whose decision it is appealing or the Court of Appeal itself (see Civil Procedure Rule 52.3(2)(a) and (b)). It should be noted that the period between the draft judgment being provided to the parties and the finalised version of the judgment being handed down provides the parties with an opportunity to decide whether they would like to seek permission to appeal and, if so, to ask the court to formally adjourn the proceedings to allow the question of permission to appeal to be determined. 

Appeals in arbitration matters

For arbitration matters, the position is modified; a party wishing to appeal a decision of the High Court concerning an arbitral award must seek permission to appeal from the High Court only. This