||All England Reporter
|| All ER (D) 409 (Mar)
|| EWCA Civ 405
||Court of Appeal, Civil Division
Peter Gibson, Aldous and Tuckey LJJ
||Richard Plender QC (instructed by Ince & Co) for the owners.
||William Godwin (instructed by Elborne Mitchell) for the charterers.
||26 March 2002
Arbitration - Award - Permission to appeal to Court of Appeal against grant or refusal of permission to appeal to High Court - Judge failing to give reasons for refusal of permission to appeal to Court of Appeal - Whether Court of Appeal having jurisdiction to grant permission itself - s 69.
The Court of Appeal had a residual jurisdiction under the to grant permission to appeal against a judge's refusal to grant permission to appeal to the Court of Appeal where there was an allegation of unfairness as well as where there was an allegation of misconduct. Furthermore, when a judge granted or refused permission to appeal either to the High Court from an arbitration award or to the Court of Appeal from a decision on an appeal from an arbitration award, he would have to give reasons for that decision, although where the challenge was not that the tribunal's decision was obviously wrong or open to serious doubt those reasons need only refer to which of the conditions under s69(3) of the Act the applicant had failed to meet. Where the challenge was that the tribunal's decision was obviously wrong or open to serious doubt, further reasons might be needed although that would depend on the individual case.
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