Obviously haven't read all 1000+ pages (!) but there seems to be a debate over whether an appeal to the High Court would be possible (if needed).
I'm no lawyer but I thought I'd research the options.
Under PL rule X.37 "Challenging the Award", it specifically forbids any legal appeal on a Point Of Law.
However, with reference to the Arbitration Act 1996, the PL rules allow legal appeals for other reasons, such as :
- Insubstantive Jurisdiction.
I don't think anyone can argue that the PL don't have jurisdication in this case.
- Procedural Errors during the hearing.
I doubt the PL's own expensive lawyers would be that stupid, although I'm sure our lawyers will be watching their every move.
It's under Section 68, "Serious Irregularity", that things could get interesting.
I'll replicate the wording of S68 so people can read for themselves. I'm sure we'll all have thoughts on how some of these clauses could apply themselves to the way our case has been handled, evidence obtained etc.
"Serious irregularity means an irregularity of one or more of the following kinds which the court considers has caused or will cause substantial injustice to the applicant -
(a) failure by the tribunal to comply with section 33 (general duty of tribunal);
(b) the tribunal exceeding its powers;
(c) failure by the tribunal to conduct the proceedings in accordance with the procedure agreed by the parties;
(d) failure by the tribunal to deal with all the issues that were put to it;
(e) any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award exceeding its powers;
(f) uncertainty or ambiguity as to the effect of the award;
(g) the award being obtained by fraud or the award or the way in which it was procured being contrary to public policy;
(h) failure to comply with the requirements as to the form of the award; or
(i) any irregularity in the conduct of the proceedings or in the award which is admitted by the tribunal or by any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award."
