The English Approach to Challenges at the Seat: Should Courts Stay Away from the Challenges on the Merits as the Model Law Provides? - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s):

Filip Čeladník

Page Count:

20 pages

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1 PDF Download

Published:

March, 2015

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Abstract | In England, a party to an arbitral

proceeding may appeal to an English court on a

question of law arising out of an award made in the

proceeding. The right to appeal is subject to many

restrictions; still it is one of the most important

features differentiating English arbitrations from

arbitrations conducted in other countries under the

regime of the UNCITRAL Model Law. For decades,

academics and professionals have been arguing

whether the appeal on a question of law should be

abolished, bringing various pro and con reasons. This

article gives an account of why the substantive appeal

should not be abolished by discussing the most

important assertions. It starts by emphasising the

theoretical aspects of arbitration, such as finality,

speed, cost savings and party autonomy, and

concluding by considering the practical impact upon

England and English law and comparison with
countries that adopted the UNCITRAL Model Law.