Arbitration Act 1996

5 Appeals on questions of law

• (1) Notwithstanding anything in articles 5 or 34 of Schedule 1, any party may appeal to the High Court on any question of law arising out of an award—

  • (a) if the parties have so agreed before the making of that award; or

  • (b) with the consent of every other party given after the making of that award; or

  • (c) with the leave of the High Court.

  (2) The High Court shall not grant leave under subclause (1)(c) unless it considers that, having regard to all the circumstances, the determination of the question of law concerned could substantially affect the rights of 1 or more of the parties.

  (3) The High Court may grant leave under subclause (1)(c) on such conditions as it sees fit.

  (4) On the determination of an appeal under this clause, the High Court may, by order,—

  • (a) confirm, vary, or set aside the award; or

  • (b) remit the award, together with the High Court’s opinion on the question of law which was the subject of the appeal, to the arbitral tribunal for reconsideration or, where a new arbitral tribunal has been appointed, to that arbitral tribunal for consideration,—

  and, where the award is remitted under paragraph (b), the arbitral tribunal shall, unless the order otherwise directs, make the award not later than 3 months after the date of the order.

  (5) With the leave of the High Court, any party may appeal to the Court of Appeal from any refusal of the High Court to grant leave or from any determination of the High Court under this clause.

  (6) If the High Court refuses to grant leave to appeal under subclause (5), the Court of Appeal may grant special leave to appeal.

  (7) Where the award of an arbitral tribunal is varied on an appeal under this clause, the award as varied shall have effect (except for the purposes of this clause) as if it were the award of the arbitral tribunal; and the party relying on the award or applying for its enforcement under article 35(2) of Schedule 1 shall supply the duly authenticated original order of the High Court varying the award or a duly certified copy.

  (8) Article 34(3) and (4) of Schedule 1 apply to an appeal under this clause as they do to an application for the setting aside of an award under that article.

  (9) For the purposes of article 36 of Schedule 1,—

  • (a) an appeal under this clause shall be treated as an application for the setting aside of an award; and

  • (b) an award which has been remitted by the High Court under subclause (4)(b) to the original or a new arbitral tribunal shall be treated as an award which has been suspended.

  (10) For the purposes of this clause, question of law—

  • (a) includes an error of law that involves an incorrect interpretation of the applicable law (whether or not the error appears on the record of the decision); but

  • (b) does not include any question as to whether—

    • (i) the award or any part of the award was supported by any evidence or any sufficient or substantial evidence; and

    • (ii) the arbitral tribunal drew the correct factual inferences from the relevant primary facts.

  Schedule 2 clause 5(10): added, on 18 October 2007, by section 9 of the Arbitration Amendment Act 2007 (2007 No 94).