Finality of appeals: appeal to the Court of Appeal

The Arbitration Act 1996 contains some 17 provisions under which a decision by a judge on an arbitration issue or on an appeal against an award can be appealed to the Court of Appeal only with the permission of the judge. In K1 v B (No 2) [2026] EWCA Civ 261; [2026] 1 Lloyd's Rep 385 the appellant unsuccessfully tried to fashion an exception to that principle based upon the argument that a decision that section 68 was not applicable did not constitute a decision "under" section 68 and so permission could be sought from the Court of Appeal.

The facts