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Arbitration Law Monthly

Permission to appeal

There is no mechanism under the Arbitration Act 1996 whereby a party dissatisfied with a factual finding may appeal against that finding. For there to be an appeal on substantive grounds, the error must be one of law and permission to appeal must be obtained from the court under s69 of the Arbitration Act 1996, Penwith District Council v VP Developments Ltd [2007] EWHC 2544 (TCC), a decision of Akenhead J, illustrates the point that an issue of fact cannot be converted into an error of law in order to facilitate an appeal.

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