(1) An appeal lies to
the Court on a question of law arising out of an award if —
parties agree, before the end of the appeal period referred to in subsection
(6), that an appeal may be made under this section; and
Court grants leave.
(2) An appeal under
this section may be brought by any of the parties to an arbitration agreement.
(3) The Court must not
grant leave unless it is satisfied —
the determination of the question will substantially affect the rights of one
or more of the parties; and
the question is one which the arbitral tribunal was asked to determine; and
that, on the basis of the findings of fact in the award —
the decision of the tribunal on the question is obviously
the question is one of general public importance and the
decision of the tribunal is at least open to serious doubt;
that, despite the agreement of the parties to resolve the matter by
arbitration, it is just and proper in all the circumstances for the Court to
determine the question.
(4) An application for
leave to appeal must identify the question of law to be determined and state
the grounds on which it is alleged that leave to appeal should be granted.
(5) The Court is to
determine an application for leave to appeal without a hearing unless it
appears to the Court that a hearing is required.
(6) An appeal may not
be made under this section after 3 months have elapsed from the date on which
the party making the appeal received the award or, if a request had been made
under section 33, from the date on which that request had been disposed of by
the arbitral tribunal (in this section referred to as the appeal period ).
(7) On the
determination of an appeal under this section the Court may by order —
confirm the award; or
the award; or
remit the award, together with the Court’s opinion on the question of
law which was the subject of the appeal, to the arbitrator for reconsideration
or, where a new arbitrator has been appointed, to that arbitrator for
aside the award in whole or in part.
(8) The Court must not
exercise its power to set aside an award, in whole or in part, unless it is
satisfied that it would be inappropriate to remit the matters in question to
the arbitral tribunal for reconsideration.
(9) Where the award is
remitted under subsection (7)(c) the arbitrator must, unless the order
otherwise directs, make the award within 3 months after the date of the order.
(10) The Court may
make any leave which it grants under subsection (3)(c) subject to the
applicant complying with any conditions it considers appropriate.
(11) Where the award
of an arbitrator is varied on an appeal under this section, the award as
varied has effect (except for the purposes of this section) as if it were the
award of the arbitrator.
Note for this section:
There is no equivalent
to this section in the Model Law.