The English approach to Challenges at The Seat: Should Courts Stay Away from the Challenges on the Merits as the Model Laws Provides?
pages 49 - 68
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 which adopted the UNCITRAL Model Law. 

keywords
Arbitration
appeal on a point of law
substantive appeal
appeal on a question of law
Section 69 of Arbitration Act 1996
about the authors

Mgr. Filip Čeladník LL.M. is a member of the Law Society of England and Wales and the Czech Bar Association, practising both in London and Prague. He graduated from King’s College London with Merits and is completing an LLM at Melbourne Law School in Australia and a PhD at Charles University in Prague. Further information is available on www.celadnik.com.

e-mail: filip@celadnik.com