In Carr v Galloway Cook Allan (20 June 2014) the Supreme Court has affirmed the fundamentally contractual nature of the arbitration process, finding that an arbitral award should be set aside on the basis that the underlying arbitration agreement contained a defective appeal provision. While the case turns somewhat on the fact that the parties had both mistakenly assumed the award could be appealed on questions of fact as well as law, the case demonstrates the necessity for a proper contractual basis for awards.
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