‘FINAL AND BINDING’ NOT AN EXCLUSION OF A RIGHT TO APPEAL

Essex County Council v Premier Recycling Ltd [2006] EWHC 3594 (TCC); [2007] BLR 233

In Essex County Council v Premier Recycling Ltd [2006] EWHC 3594 (TCC); [2007] BLR 233 Mr Justice Ramsey held that the words ‘final and binding’ in an agreement to submit a dispute to arbitration were not sufficient, of themselves, to exclude the right to appeal against an arbitrator’s award under s69(1) of the Arbitration Act 1996. In order to exclude the right of appeal it is necessary for the parties to manifest a ‘clear intention’ to do so. This intention can be shown from the express words used by the parties or by the context. However, Mr Justice Ramsey concluded that the words ‘final and binding’ were important when considering whether it was ‘just and proper’ for the court to grant leave to appeal under s69(3) of the 1996 Act. On the facts he refused to grant leave and in doing so had regard to the words ‘final and binding’ as an indication of the parties’ wish to resolve the dispute between them expeditiously.