Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

leave to appeal definition

What does leave to appeal mean? Leave to appeal is the court’s permission to challenge a judgment or order in a higher court. Many appeals are not available as of right; the intending appellant must first obtain leave, either from the court that made the decision or from the appellate court (for example, the Court of Appeal or, in criminal cases, a single judge). In England and Wales, the modern civil term is permission to appeal. It is granted only where the appeal would have a real prospect of success or there is some other compelling reason for it to be heard. Applications are usually decided...

Arbitration Act 1996 s 69 appeals (England and Wales): distinguishing law from fact, mixed issues, and conflict of laws limits—principles and leading cases

Published by a LexisNexis Arbitration expert

Practice notes

Appealing arbitral awards on points of law

Section 69 of the Arbitration Act 1996 (AA 1996) allows parties to an arbitration seated in London to challenge an award solely on a ‘question of law’. This Practice Note explores how, for AA 1996, s 69, a question of law is distinguished from a question of fact. In practical terms, s 69 appeals seldom succeed, and the threshold for securing permission to appeal (which must first be obtained) is high. These thresholds, together with the key practical considerations arising on any AA 1996, s 69 appeal, are considered in Practice Notes: AA 1996—appealing the award—leave to appeal (s 69) and AA 1996—appealing the award—appealing on a point of law (s 69)

Questions of law v questions of fact

Because the avenue under AA 1996, s 69 is available only for questions of law (assuming the parties have not excluded the right of appeal by agreement), a significant body of authority on section 69 focuses on how to identify a true question of law within the various findings and determinations contained in an arbitral award...

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Web page updated on 21/05/2026

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