8 Mar 2018
Clause 27 does not create an automatic right of appeal on questions of law; it incorporates the statutory regime in Schedule 2 clause 5 of the Arbitration Act 1996 so an appeal requires one of the circumstances in cl 5(1), including leave under cl 5(1)(c); accordingly leave is required and proceedings are stayed to permit an application for leave.
8 Dec 2015
The Court held the arbitrator's termination ruling was a jurisdictional ruling that ended the arbitrator's mandate and was not an 'award' for the purpose of Sch 2 cl 5; the correct challenge procedure was under Sch 1 cl 16(3) and the plaintiff failed to seek that review within the 30 day limit, so the application for leave to appeal under Sch 2 cl 5(1)(c) was unavailable and must be dismissed.
9 Oct 2013
Clause 16 of the parties' arbitration agreement, by requiring that a party taking "any action to have the award set aside" follow the specified procedure, is broad enough to encompass an appeal on a question of law under Schedule 2 Article 5; accordingly the parties agreed to permit such an appeal without the plaintiff requiring leave of the High Court.
25 Nov 2005
The arbitrators exceeded the scope of the submission by departing from the parties' agreed contractual terms on interest and costs and by deciding issues the parties had not put in dispute; this unexpected reasoning denied PSL a fair opportunity to be heard and constituted a breach of natural justice and grounds under Article 34 to set aside those parts of the award; referral back was inappropriate given scope exceeded and costs already incurred.