Error of law the grant of permission to appeal
Error of law the grant of permission to appeal
- 2006
- Arbitration Law Monthly March 2006, 8-9(2) .
The Arbitration Act 1996 s69 contains a restrictive procedure for the hearing of appeals against awards based on error of law. Although the criteria for the grant of permission to appeal are slightly wider than was the case under the Arbitration Act 1979, those criteria are strictly applied with the courts exercising vigilance to ensure that applications under s69 are not merely attempts by a party dissatisfied with an award to have the dispute reheard. In "Surefire Systems Ltd v Guardian ECL Ltd" ([2005] EWHC 1860, TCC, unreported) the court expressed its disapproval of the applicant's conduct in such a case.
SUREFIRE SYSTEMS LTD V GUARDIAN ECL LTD
ARBITRATION ACT 1996
The Arbitration Act 1996 s69 contains a restrictive procedure for the hearing of appeals against awards based on error of law. Although the criteria for the grant of permission to appeal are slightly wider than was the case under the Arbitration Act 1979, those criteria are strictly applied with the courts exercising vigilance to ensure that applications under s69 are not merely attempts by a party dissatisfied with an award to have the dispute reheard. In "Surefire Systems Ltd v Guardian ECL Ltd" ([2005] EWHC 1860, TCC, unreported) the court expressed its disapproval of the applicant's conduct in such a case.
SUREFIRE SYSTEMS LTD V GUARDIAN ECL LTD
ARBITRATION ACT 1996