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CML Working Paper: The Function of the Appeals Mechanism in Arbitration and the Law Commission’s Arbitration Law Reform Project

June 10, 2025 | Research

Abstract

This paper examines the mechanism of appeals in arbitration and the way it is being deployed by parties in different sectors. Section 69 of the Arbitration Act 1996 permits appeals on points of law under strict requirements, ensuring the intervention of courts only in limited cases to preserve and guarantee the finality of arbitral awards. The observation of a representative body of case law reveals a tendency to misuse appeals and present questions of fact as questions of law. In this paper, the discussion focuses on appeals in the maritime and reinsurance sectors, where different attitudes established by the practice and by custom and where also parties have different approaches towards arbitration and different expectation towards appeals in arbitration. This paper then assesses the reform project of the Law Commission of England and Wales and its stance towards appeals in arbitration and attempts an overall critical evaluation of the purpose of appeals in arbitration given that s 69 on appeals on points of law was not reformed and remains the same in the Arbitration Act 2025. The paper also discusses the recently completed consultation on arbitration law in Singapore, regarding the potential to reform the International Arbitration Act 1995 and the position in relation to appeals on points of law. The paper finally proposes what else could be done to further exemplify the function of appeals in arbitration on points of law.

Keywords: arbitration, appeals, maritime arbitration appeals, reinsurance arbitration appeals, Arbitration Act 1996, Law Commission, Arbitration Act 2025, Singapore arbitration

Available at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5287309

or download the paper at: CML Working Paper Series