K1 v B

K1 v B

The Court of Appeal does not have jurisdiction to grant permission to appeal from a decision under s.68 of the Arbitration Act 1996, as the statutory limitation in s.68(4) applies to the judge's determination that the proposed challenge was not arguable under s.68(2)(g).

Parties
Applicant: K1; Respondent: B
Jurisdiction
England and Wales
Judgment Date
13 March 2026
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed for lack of jurisdiction.
Legal Topics
Arbitration Award Challenge, Jurisdiction of Appellate Court, Serious Irregularity, Public Policy, Permission to Appeal
Arbitration Commercial Law Arbitration Award Challenge Jurisdiction of Appellate Court Serious Irregularity Public Policy Permission to Appeal

Case Brief

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Parties

K1

Applicant

B

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant permission to appeal under s.68(4) Arbitration Act 1996
  2. 2 Whether the judge's decision was jurisdictional or on the merits under s.68
  3. 3 Effect of consent order on right to seek permission to appeal

Ratio Decidendi

The Court of Appeal does not have jurisdiction to grant permission to appeal from a decision under s.68 of the Arbitration Act 1996, as the statutory limitation in s.68(4) applies to the judge's determination that the proposed challenge was not arguable under s.68(2)(g).

Court Disposition

Application for permission to appeal dismissed for lack of jurisdiction.

Orders

  • Application for permission to appeal dismissed.
  • Order for confidentiality granted; proceedings and resultant order to remain confidential.