Arbitration Law Monthly
Appeal hearings under the 1996 Act: oral hearings
In WSB v FOL [2022] EWHC 586 (Comm) Calver J discussed the principles applicable where a judge by Order dismisses on paper an appeal against an arbitration award under sections 67, 68 and 69 of the Arbitration Act 1996. The case discusses in particular the possibilities for an appeal against the judge's Order. This is the first case to discuss the revised Commercial Court Guide which came into force in February 2022. As will be seen, there is an important distinction between, on the one hand, appeals under sections 67 (want of jurisdiction) and section 68 of the Arbitration Act 1996 (serious irregularity) and, on the other hand, appeals under section 69 (error of law).
Dismissing an appeal on paper: sections 67 and 68