11/05/2021

No revisiting AA 1996, s 69(3) arguments once permission to appeal granted

CVLC Three Carrier Corp and another company v Arab Maritime Petroleum Transport Co [2021] EWHC 551 (Comm)

 

In a rare example of a successful challenge under section 69 of the Arbitration Act 1996 (AA 1996) to an arbitration award, Mrs Justice Cockerill has provided important practical guidance on two important issues.

Firstly, can AA 1996, s 69(3) permission arguments be revisited at the main AA 1996, s 69 hearing, once permission to appeal has been granted? Secondly, how should the court identify the relevant ‘question of law’ when granting permission under AA 1996, s 69? As to the first, the judge’s answer was a resolute no, save for ‘highly unusual circumstances’. As to the second, she held that the court can and should reformulate the question of law, if necessary, in order to reflect accurately the true ‘macro-question’ at issue. She also held that there was no requirement that the relevant question of law must have been put in exactly the same form as it was later posed at the AA 1996, s 69 stage.

Colleen Hanley looks at the court’s decision and practical implications of the case.

Read the full article (PDF, 159 KB)

This article was first published by Lexis®PSL on 19 March 2021.