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bruneilawsby aturio
In force2024 Revised Edition
Contents

Part · Powers of Court in Relation to Award

45. Determination of preliminary point of law

(1)

Unless otherwise agreed by the parties, the Court may, on the application of a party to the arbitration proceedings who has given notice to the other parties, determine any question of law arising in the course of the proceedings which the Court is satisfied substantially affects the rights of one or more of the parties.

(2)

The Court shall not consider an application under this section unless —

(a)

it is made with the agreement of all parties to the proceedings;

or

(b)

it is made with the permission of the arbitral tribunal and the

Court is satisfied that —

(i)

the determination of the question is likely to produce substantial savings in costs; and

(ii)

the application is made without delay.

(3)

The application shall identify the question of law to be determined and, except where made with the agreement of all parties to the proceedings, shall state the grounds on which it is said that the question should be decided by the Court.

(4)

Unless otherwise agreed by the parties, the arbitral tribunal may continue the arbitral proceedings and make an award while an application to the Court under this section is pending.

(5)

Except with the leave of the Court, no appeal shall lie from a decision of the Court on whether the conditions in subsection (2) are met.

(6)

The decision of the Court on a question of law shall be a judgment of the Court for the purposes of an appeal to the Court of Appeal.

(7)

The Court may give leave to appeal against the decision of the

Court in subsection (6) only if it considers that the question of law before it is

Arbitration one of general importance, or is one which for some other special reason should be considered by the Court of Appeal.

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