A dispute under a charterparty was referred to arbitration.
Held: The charterers were refused leave to appeal to the court under section 1(3)(b) of the Arbitration Act 1979. They were also refused leave to appeal to the court under section 1(6A) of the same Act. It was submitted that the ouster of the jurisdiction of the court was subject to what was called a concealed exception which came into play if the judge failed to exercise his discretion judicially. Section 18(1)(f) of the SCA 1981 was on its face limited and the limitation had been construed restrictively and that, by contrast, section 1(6A) of the Arbitration Act 1979 was not so limited.
Judges:
Sir John Donaldson MR, Mustill LJ
Citations:
[1987] QB 650, [1986] 3 All ER 737, [1986] 2 Lloyds Rep 336, [1986] 3 WLR 949
Statutes:
Arbitration Act 1979 1(3)(b) 1(6A)
Jurisdiction:
England and Wales
Citing:
Not applied – Scherer v Counting Instruments Ltd (Note) 1986
Section 18(1)(f) which provides that no appeal shall lie to the Court of Appeal without the leave of the lower court ‘relating only to costs which by law are left to the discretion’ of the lower court, has no application if the appeal court is able . .
Cited by:
Cited – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .
Lists of cited by and citing cases may be incomplete.
Arbitration
Updated: 23 March 2022; Ref: scu.226187
