Appeals in arbitration and the English arbitration law reform: the position in reinsurance, investment arbitrations under ICSID and under the ISDS system and arbitrations as per the UNCITRAL model law various arbitral rules and in China, and Singapore

Noussia, Kyriaki, Al Muqaimi, Mohammed and Nedeva, Stanislava ORCID: https://orcid.org/0000-0002-0067-1838 2025. Appeals in arbitration and the English arbitration law reform: the position in reinsurance, investment arbitrations under ICSID and under the ISDS system and arbitrations as per the UNCITRAL model law various arbitral rules and in China, and Singapore. International Arbitration Law Review Item availability restricted.

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Abstract

Arbitration allows parties to exercise party autonomy giving effect to the parties’ choice to refer their disputes to arbitration, whereby the expectation is that national courts should only intervene to support and not displace the mechanism of alternative dispute resolution via arbitration. This article examines appeals in arbitration as per section 69 of the Arbitration Act 1996 (now 2025) and the English arbitration law reform project, with a focus on the position as to appeals in arbitration in the sectors of reinsurance arbitrations and investment arbitrations under ICSID. The article also aims to juxtapose and compare the position in reinsurance arbitrations with the position under the UNCITRAL Model Law and the position in the jurisdictions of China and Singapore, so as to provide valuable insights. Such a comparison is not unjustified as in investment arbitrations, under the ICSID Convention, there is no appeal mechanism. The UNCITRAL Model also does not provide for the right to appeal an arbitral award, whilst Singapore is considering a law reform to allow appeals, if parties have contracted or opted in for it to enhance functionality and party autonomy and in China, according to both the Arbitration Law and the Civil Procedure Law appeals on arbitral awards are not allowed. Overall, the discussion illustrates how the right to appeal on legal grounds is interpreted differently across various sectors, reflecting distinct party expectations and allows the conclusion that addressing the misuse of the appeals mechanism could further strengthen the effectiveness of arbitration as a dispute resolution mechanism.

Item Type:	Article
Status:	In Press
Schools:	Schools > Cardiff Law & Politics Schools > Law Research Institutes & Centres > Cardiff Centre of Law and Society (CCLS)
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Publisher:	Sweet and Maxwell
ISSN:	1367-8272
Date of First Compliant Deposit:	27 October 2025
Date of Acceptance:	15 September 2025
Last Modified:	27 Oct 2025 13:00
URI:	https://orca.cardiff.ac.uk/id/eprint/181893

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