Appeal on a question of fact

The Arbitration Act 1996 sets out a code governing appeals to the courts against arbitration awards. The grounds of appeal are jurisdiction (s67), procedural error (s68) and error of law (s69). The question for Blair J in Guangzhou Dockyards Co Ltd v ENE Aegiali I [2010] EWHC 2826 (Comm) was whether the 1996 Act provided any mechanism for the parties to agree that there could be an appeal to the English courts against an error of fact. Blair J rejected the suggestion that such an appeal potentially fell within s69, and was very doubtful whether the court had any inherent jurisdiction to hear such an appeal.

Guangzhou: the facts

GD, a dockyard in China, by a contract dated 7 November 2007, agreed with ENE, a Greek shipowner, to convert ENE’s VLCC (Very Large Crude Carrier) into a VLOC (Very Large Ore Carrier). The choice of law and arbitration clause, art 22, was in the following terms: