Domestic arbitrations

There are points of law which must be resolved before the arbitration award can be made. Section 2 of the Arbitration Act 1979 allows for a preliminary point of law to be referred to the High Court. There is a right of appeal from the High Court to the Court of Appeal under Section 1 (7): This is only available when it is a matter of general public importance. No further appeal to the House of Lords is possible. The parties to the arbitration may in certain circumstances exclude the judicial review completely. Where they have done so lawfully, no appeal from the award even on a point of law is admitted and the court has no power to determine a preliminary point of law. For the purposes of exclusion clauses, arbitrations are arranged into: Domestic arbitrations. Non-Domestic arbitrations. Special Category arbitrations An arbitration agreement is domestic if at the time the proceedings are commenced: It does not provide, expressly or by implication for arbitration in a state other than the United Kingdom and, all parties to the arbitration agreement are: United Kingdom citizens or natural persons habitually resident in the United Kingdom; or, corporations incorporated in the United Kingdom or having their central management and control exercised in the United Kingdom. It is important to note that this definition of a domestic arbitration agreement is relevant for several issues in the arbitration procedure. For the purposes of judicial review, however, the above requirement must be satisfied at the time the arbitration agreement is entered into [1979 Act, Section 3 (7)], and not, as under the 1975 Act, at the time the arbitration proceedings are commenced. Special category proceedings concern: A question or claim falling within the Admiralty jurisdiction of the High Court; or, a dispute arising out of a contract of insurance; or, a dispute arising out of a commodity contract.