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09.02.14

Hanby v Clarke: The Court of Appeal’s “residual” arbitration appeals jurisdiction under s 16 of the Senior Courts Act 1981.

In this case note, Shantanu Majumdar considers the case of Philip Hanby Ltd v Andrew John Clarke Ltd [2013] EWCA Civ 647 in which he appeared on an application for permission to appeal from an arbitration award. In its judgment, the Court of Appeal stressed that its “residual jurisdiction” under s 16 of the Senior Courts Act 1981 in relation to arbitration appeals under the Arbitration Act 1996 is confined to non-decisions, not wrong decisions. The full case note can be downloaded here.