Are you in? Or are you out? An analysis of Section 69 of the English Arbitration Act 1996: Appeals on a question of law

This article is divided into five parts, namely: Introduction; How can the court’s jurisdiction be ousted (‘‘Are you out?’’); How can the court’s jurisdiction be included (‘‘Are you in?’’); When will the courts give permission to appeal; and Procedural aspects of s.69 of the English Arbitration Act 1996[1] (‘‘the 1996 Act’’). Introduction The fundamental message behind this article is that the parties should agree at as early a stage as possible on whether: they wish to oust the jurisdiction of the courts in relation to appeals on a question of law (Are you out?—s.69(1)) or whether they wish to agree to include the ability to appeal to the courts on a question of law (Are you in?—s.69(2)).