The Appeal of Appeal Mechanisms in International Arbitration: Fairness over Finality?

Development summary

Rowan Platt’s article in the Journal of International Arbitration examines the finality principle reflected in the non-appealability of international arbitral awards on the merits and the exceptions to that principle. It considers appeals to courts on questions of law under section 69 of the English Arbitration Act 1996, internal appeal mechanisms in some arbitration rules, the ICSID annulment regime and the CAS Appeals Division; the author argues that, where parties agree on the procedure, appeal mechanisms are consistent with party autonomy.