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Masood Ahmed explores constraints on the Court of Appeal’s powers with regard to arbitral awards
- Addresses the principle of finality in arbitration, and the limits placed on the Court of Appeal’s powers by the Arbitration Act 1996.
- Covers relevant caselaw including the recent case of K1 v B.
A major policy objective underpinning the Arbitration Act 1996 (AA 1996) is the need to promote and protect the principle of finality in arbitration. This means that arbitral awards should, subject to limited grounds of appeal, be final and binding on the parties. AA 1996 has 17 provisions which limit the power of the Court of Appeal to give permission to appeal from a decision to the first instance judge.
One example of those provisions is s 68(4), AA 1996. Section 68 is concerned with challenging an award on the grounds of serious irregularity. Section 68(4) provides: ‘The leave of the court is required for any appeal from a decision of the court under this section.’ Here, reference to the ‘court’ is the court
