SCHEDULE ACAS (FLEXIBLE WORKING) ARBITRATION SCHEME

PART XXIII CHALLENGING THE AWARD

154S Appeals on questions of EC law, the Human Rights Act 1998 and devolution issues: Scottish arbitrations
Leave to appeal shall be given only if the Court is satisfied—
(i) that the determination of the question will substantially affect the rights of one or more of the parties;
(ii) that on the basis of the findings of fact in the Note issued with the award, insofar as the question for appeal raises a point of EC law, the point is capable of serious argument, and insofar as the question for appeal does not raise a point of EC law—
(iii) the decision of the arbitrator on the question is obviously wrong, or
(iv) the question is one of general public importance and the decision of the arbitrator is at least open to serious doubt, and
(v) that, despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all circumstances for the Court to determine the question.