Part I, Section 45 · Arbitration Act 1996

Contents

45Determination of preliminary point of law.#

(1)Unless otherwise agreed by the parties, the court may on the application of a party to arbitral proceedings (upon 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)An application under this section shall not be considered unless—

(a)it is made with the agreement of all the other parties to the proceedings, or

(b)it is made with the permission of the tribunal ^note...

(3)The application shall identify the question of law to be determined ^note....

(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)Unless the court gives leave, no appeal lies from a decision of the court whether either condition specified in subsection (2) is met.

(6)The decision of the court on the question of law shall be treated as a judgment of the court for the purposes of an appeal.

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