All arbitral awards are subject to appeal in court.

There are two methods to appeal. The first is set out in the Arbitration Act, 1991: an appeal on a question of law alone.

The appropriate court (the Family Court or the Superior Court of Justice) must give permission to appeal. In deciding, the court will consider the importance of the question and whether it would significantly affect the rights of the people involved.

The second method to appeal may be written into the arbitration agreement. If both parties agree, the agreement may contain additional grounds for appeal, such as on questions of fact or on mixed questions involving facts and law.

In addition to appeals, section 46 of the Arbitration Act, 1991, allows for an application to the Superior Court of Justice to set an arbitral award aside for a number of reasons including:

• the arbitrator decided a question that he or she was not asked
• the arbitration agreement was invalid in law, for example because a party was not legally able to make the agreement (for example acting under duress)
• the subject matter of the dispute was not capable of being arbitrated in law (for example, whether the parties could be divorced or whether one or the other was the parent of a child)
• a party was not treated fairly or given the opportunity to present his or her case, or was not given proper notice of the arbitration or of the appointment of the arbitrator
• the procedures followed did not comply with the Act
• the arbitrator was corrupt or fraudulent or there is a reasonable belief that the arbitrator was biased
• the award is not enforceable for reasons set out in the Family Law Act, for example, the arbitrator was improperly qualified or the arbitration agreement was incomplete.

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