The application of Section 69 of the English Arbitration Act 1996 in the shipping industry

Noussia, Kyriaki, Glynou, Maria, Nedeva, Stanislava and Al Muqaimi, Mohammed (2023) The application of Section 69 of the English Arbitration Act 1996 in the shipping industry. International Arbitration Law Review, 26 (2). pp. 119-138. ISSN 1367-8272

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Abstract

In its recent consultation paper, the English Law Commission made provisional law reform proposals to ensure that the English Arbitration Act 1996 remains state of art. Contrary to the proposition that where appeals have been allowed on questions of law, in many cases an abuse had taken place as often questions of fact were hidden under the guise of questions of law, the Law Commission did not recommend a reform of s.69 of the Arbitration Act 1996. In light of the above, this article is looking at the manner in which the judiciary scrutinises the questions brought before it and the various findings, especially in shipping law cases whereby an increased resort to the appeal mechanism of s.69 is noticed. Also, the rules of maritime and non-maritime arbitration institutions, offering an appeals or “quasi” appeals mechanism, are examined, to allow more conclusive evidence so as to then reach more holistic overall conclusions.

Item Type:	Article
Additional Information:	© 2023 Thomson Reuters and Contributors.
Divisions:	Law
Subjects:	K Law
Date Deposited:	25 Jul 2023 10:54
Last Modified:	18 Nov 2024 19:42
URI:	http://eprints.lse.ac.uk/id/eprint/119827

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