Source: All England Reporter
Publisher Citation: [2009] All ER (D) 82 (Aug)
Neutral Citation: [2009] EWHC 2097 (Comm)
Court: Queen's Bench Division, Commercial Court

Gloster J

Representation John McCaughran QC (instructed by Herbert Smith) for the claimants.
  Robert Hildyard QC and Richard Hill (instructed by Ashursts) for the defendant.
Judgment Dates: 7 August 2009


Arbitration - Award - Leave to appeal against award - Appeal on question of law - Parties agreeing decision of arbitrators to be 'final, conclusive and binding' - Whether words excluding right to appeal on question of law - Whether court having jurisdiction to hear application for permission to appeal arbitration award - s 69.

The Case

Arbitration Award. Queen's Bench Division, Commercial Court: In an arbitration clause the phrase 'the decision of the majority of the arbitrators...shall be final, conclusive and binding on the parties' was not to be construed as an agreement excluding the parties' rights of appeal, in relation to a question of law, under s69 of the .

Practice Areas

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