No appeal on facts from award
The defendant ship owners sought to strike out the claimant’s appeal against an arbitration award to the extent that that appeal consisted of an appeal against the factual findings. The claimant argued that the parties had agreed that such an appeal would be possible, and that they had been free to make such an agreement.
Held: The appeal was refused. There was no appeal against an arbitrator’s award on the facts. Arbitral tribunals have the right to be wrong on the facts. The words ‘Unless otherwise agreed by the parties’ in section 69 ‘have to do with agreement between the parties in the context of an appeal on a question of law. The words cannot be construed as expanding the jurisdiction of the court to include an appeal to the court on a question of fact on the basis that the parties have agreed to such an appeal.’
Blair J
[2010] EWHC 2826 (Comm), [2011] 1 Lloyd’s Rep 30, 133 Con LR 139
Bailii
Arbitration Act 1996
England and Wales
Citing:
Cited – Burnard v Wainwright 1850
B had succeeded in the arbitration award. W later discovered a letter written (he aid) by B which he said should require the re-opening of the arbitration.
Held: The court remitted it saying that the arbitrators should decide the issue of . .
Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
Cited – Barton v Fincham CA 1921
Where the court lacks jurisdiction, jurisdiction cannot be conferred merely by the consent of the parties. Atkin LJ said: ‘but apart from such an admission the Court cannot give effect to an agreement, whether by way of compromise or otherwise, . .
Cited – Geogas SA v Trammo Gas Ltd (The Baleares) HL 1991
Charterers had appealed an arbitration award. The judge set it aside. The CA gave leave and allowed the appeal saying that as a question of mixed fact and law sought leave to appeal against an arbitration award.
Held: The House had no . .
Cited – Geogas SA v Trammo Gas Ltd (The Baleares) CA 26-Nov-1990
Judge Wrong to Accept Appeal of Fact
The charterers had sought to appeal the arbitrators’ findings on foreseeability and remoteness. The judge had set aside the arbitration award. Though he certified that a point of law existed which was of general public importance, he had refused . .
Cited – Kammins Ballrooms Co Limited v Zenith Investments (Torquay) Limited HL 1970
The tenant had served his section 26 notice under the 1954 Act, but then began the court proceedings before the minumum two month period had expired. The landlord did not take the point at first, and delivered an answer and negotiated compensation. . .
Cited – Finelvet AG v Vinava Shipping Co Ltd (‘The Chrysalis’) 1983
The Chrysalis was trapped in the Shatt-al-Arab waterway in the course of the Iran-Iraq war, and the parties disputed the frustration of the charter contract.
Held: Mustill J set out stages for considering an appeal from an arbitration award by . .
Lists of cited by and citing cases may be incomplete.
Arbitration
Updated: 01 November 2021; Ref: scu.425789
