Arbitration Act 2001 · 2020 Revised Edition · Part 9 · Powers of Court in Relation to Award
49. Appeal against award
Feedback & supportLast amended by an amending law of 2021. 3 amendments in all.
A party to arbitral proceedings may (upon notice to the other parties and to the arbitral tribunal) appeal to the Court on a question of law arising out of an award made in the proceedings.
party
“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration;
Despite subsection (1), the parties may agree to exclude the jurisdiction of the Court under this section and an agreement to dispense with reasons for the arbitral tribunal’s award is to be treated as an agreement to exclude the jurisdiction of the Court under this section.
An appeal must not be brought under this section except —
with the agreement of all the other parties to the proceedings; or
with the permission of the Court.
The right to appeal under this section is subject to the restrictions in section 50.
Permission to appeal is to be given only if the Court is satisfied that —
the determination of the question will substantially affect the rights of one or more of the parties;
the question is one which the arbitral tribunal was asked to determine;
on the basis of the findings of fact in the award —
the decision of the arbitral tribunal on the question is obviously wrong; or
the question is one of general public importance and the decision of the arbitral tribunal is at least open to serious doubt; and
despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all the circumstances for the Court to determine the question.
An application for permission to appeal under this section must identify the question of law to be determined and state the grounds on which it is alleged that permission to appeal should be granted.
The permission of the appellate court is required for any appeal from a decision of the Court under this section to grant or refuse permission to appeal.
appellate court
“appellate court” means the court to which an appeal from a decision of the Court is to be made under section 29C of the Supreme Court of Judicature Act 1969;
On an appeal under this section, the Court may by order —
confirm the award;
vary the award;
remit the award to the arbitral tribunal, in whole or in part, for reconsideration in the light of the Court’s determination; or
set aside the award in whole or in part.
The Court is not to exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the arbitral tribunal for reconsideration.
award
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any order or direction made under section 28;
The decision of the Court on an appeal under this section is to be treated as a judgment of the Court for the purposes of an appeal to the appellate court.
The appellate court may give permission to appeal against the decision of the Court in subsection (10) only if the question of law before it is one of general importance, or one which for some other special reason should be considered by the appellate court.