Awards Disclosing Errors of English Law
In the Second Part of this work (the present chapter and the next), the reader is provided with material relevant to the monitoring of the arbitral award’s compliance with the applicable substantive contract law. This is taken seriously in England. A party can seek permission from the Commercial Court to receive an appeal from an award concerning a point of substantive English law. Such permission is sparingly granted, in accordance with demanding criteria. Furthermore, the parties can (and often do) by agreement exclude this possibility of appeal. Appeals on a point of substantive law are a special feature of the system of arbitration in England. Other systems might regard this with suspicion. But the author considers that the balance has been attractively struck between the value of finality and arbitral autonomy and the competing interest in monitoring the substantive accuracy of arbitral adjudication on points of law.