Arbitration Leave To Appeal

Arbitration Leave to appeal in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]Where a party is seeking to appeal a question of law arising out of an award pursuant to section 69 of the Arbitration Act 1996 and the parties have not in their underlying contract agreed that such an appeal may be brought, the party seeking to appeal must apply for leave to appeal pursuant to sections 69(2), 69(3) and 69(4) of that Act. That application must be included in the arbitration claim form as explained in paragraph 12 of the Practice Direction. In conformity with the practice of the Commercial Court, the Technology and Construction Court will normally consider any application for permission to appeal on paper after the defendant has had an appropriate opportunity to answer in writing the application being raised. The claimant must include within the claim form an application for permission to appeal. No separate application notice is required. The claim form and supporting documents must be served on the defendant. The judge will not consider the merits of the application for permission to appeal until (a) a certificate of service has been filed at the appropriate Technology and Construction Court registry or court centre and (b), subject to any order for specific directions, a further 28 days have elapsed, so as to enable the defendant to file written evidence in opposition. Save in exceptional circumstances, the only material admissible on an application for permission to appeal is (a) the award itself and any documents annexed to or necessary to understand the award and (b) evidence relevant to the issue whether any identified question of law is of general public importance: see the requirements of paragraph 12 of the Practice Direction. If necessary, the judge dealing with the application will direct an oral hearing with a date for the hearing. That hearing will, ordinarily, consist of brief submissions by each party. The judge dealing with the application will announce his decision in writing or, if a hearing has been directed, at the conclusion of the hearing with brief reasons if the application is refused. Where the permission has been allowed in part and refused in part: (a) Only those questions for which permission has been granted may be raised at the hearing of the appeal. (b) Brief reasons will be given for refusing permission in respect of the other questions. If the application is granted, the judge will fix the date for the appeal, and direct whether the same judge or a different judge shall hear the appeal.