34AAppeals against awards

34A Appeals against awards (1) An appeal lies to the court on a question of law arising out of an award if— (a) the parties agree, before the end of the appeal period referred to in subsection (6), that an appeal may be made under this section; and (b) the court grants leave. (2) An appeal under this section may be brought by any of the parties to an arbitration agreement. (3) The court must not grant leave unless it is satisfied— (a) the determination of the question will substantially affect the rights of 1 or more of the parties; and (b) the question is one which the arbitral tribunal was asked to determine; and (c) on the basis of the findings of fact in the award— (i) the decision of the tribunal on the question is obviously wrong; or (ii) the question is one of general public importance and the decision of the 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. (4) An application for leave to appeal must identify the question of law to be determined and state the grounds on which it is alleged that leave to appeal should be granted. (5) The court is to determine an application for leave to appeal without a hearing unless it appears to the court that a hearing is required.