Introduction

I am asked to talk about the necessary safeguards of an appellate system but because of time I am going to remove the words necessary safeguards. I would like to start with basic principles (because finality in our commercial arbitration and orthodox thinking like Love has been a many splendoured thing. But for investment arbitration it is not always so for two principal reasons). First, parties may not themselves want finality. The result may be so important to them they both want the result of the award to be reviewable by an appeal to the court or an appellate body. Second, ...