Two recent pieces of recent research raise the question of whether arbitration users really value finality in arbitration or take it for granted. Is it time (again) to discuss whether s69 Arbitration Act 1996 is meeting users’ needs?
Do users want a route of appeal?
The recent Queen Mary/White & Case 2018 International Arbitration Survey: The Evolution of International Arbitration showed that only 16% of respondents viewed finality as one of the three most important characteristics of arbitration. This is interesting as finality is often thought/stated to be one of the greatest benefits of arbitration over traditional litigation routes. Perhaps the survey result shows that parties assume finality because of the exclusion of s69 either voluntarily or by incorporation of major arbitral rules. Alternatively, they can see the benefit of some form of appeal process which is a common feature to court systems and therefore ‘arbitration finality’ is not important to them.
