The Appeal of Arbitral Awards Based on an Error of Law: A Consideration of Its Past and the Question of Its Future

Abstract

The right to appeal international arbitral awards based on an error of law is controversial. Recent developments abroad make the debate surrounding appeal particularly relevant. This paper intends to discuss the debate with a view to ascertaining what approach is preferable for New Zealand. First, the paper compares appeal to more commonly accepted grounds for review and questions whether appeal is as unique as sometimes suggested. Then, the historical background to appeal is discussed. The paper then discusses the approach taken to appeal in New Zealand, England and the United States. This allows the author to draw out the central arguments in the debate surrounding appeal. Finally, the paper discusses whether the right to appeal is necessary in New Zealand given the existence of other grounds for review and the rarity of appeals in international commercial arbitration. The paper concludes that justified appeals may be dealt with under other grounds for review. Given this, the author recommends that a change is made to New Zealand law