ABSTRACT

The starting point under English law is that an award is final and binding on the parties unless challenge is possible in accordance with the 1996 Act. Time-consuming and costly challenges in the courts are directly contrary to the parties’ objective in choosing arbitration as an efficient means of dispute resolution by their chosen tribunal. The jurisdiction of the English courts to correct some errors of law in awards is a recognised, if not always welcome, feature of English arbitration. An appeal is only possible for questions of law arising out of the award and the question must be one of English law. The issue of whether the arbitrator’s decision was “obviously wrong” or “open to serious doubt” will depend on the individual circumstances of the case. The court would generally be reluctant to interfere with an arbitrator’s discretion as to how he should make a decision on jurisdiction.