Page:Arbitration Act 2001.pdf/32

32 (4) The right to appeal under this section shall be subject to the restrictions in section 50.

(5) Leave to appeal shall be given only if the Court is satisfied that—
 * (a) the determination of the question will substantially affect the rights of one or more of the parties;
 * (b) the question is one which the arbitral tribunal was asked to determine;
 * (c) on the basis of the findings of fact in the award—
 * (i) the decision of the arbitral tribunal on the question is obviously wrong; or
 * (ii) the question is one of general public importance and the decision of the arbitral tribunal is at least open to serious doubt; and
 * (d) despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all the circumstances for the Court to determine the question.

(6) An application for leave to appeal under this section shall identify the question of law to be determined and state the grounds on which it is alleged that leave to appeal should be granted.

(7) The leave of the Court shall be required for any appeal from a decision of the Court under this section to grant or refuse leave to appeal.

(8) On an appeal under this section, the Court may by order—
 * (a) confirm the award;
 * (b) vary the award;
 * (c) remit the award to the arbitral tribunal, in whole or in part, for reconsideration in the light of the Court's determination; or
 * (d) set aside the award in whole or in part.

(9) The Court shall not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the arbitral tribunal for reconsideration.