Source: All England Reporter
Publisher Citation: [2003] All ER (D) 46 (Jan)
Court: Court of Appeal, Civil Division
Judge:

Brooke, Buxton LJJ and Morland J
Representation The applicant appeared in person.
  The respondent did not appear and was not represented.
Judgment Dates: 15 January 2003

Catchwords

Arbitration - Arbitration proceedings - Appeal - Appeal against order of judge relating to appointment of fresh arbitrators and construction of arbitration agreement - Jurisdiction of Court of Appeal to hear appeal - s 18.

The Case

It was clear that if no express provision had been made in the barring a right of appeal that would otherwise have been available, the Act was not to be read as excluding that right. Accordingly, as the matters under appeal in the instant case relating to the parties' right to representation at a fresh hearing did not fall within the language of any sections of the Act, and as it could not be said that those matters were contingent on, or part of, an application that had been made under s18 of the Act from which the Court of Appeal did not have jurisdiction to hear an appeal, the Court of Appeal had jurisdiction to hear an appeal on those matters relating to representation.

Practice Areas

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