772GAppeal

772G Appeal

[Rule 772G Inserted by S.R. 2015, No. 91, Applied:16 Dec 2015]

(1)  An application under section 34A of the Commercial Arbitration Act for leave to appeal on a question of law arising out of an award must state –

(a) the question of law to be determined; and

(b) the grounds on which it is alleged that leave to appeal should be granted.

(2)  The application must be accompanied by an affidavit –

(a) showing that, before the end of the appeal period referred to in section 34A(6) of the Commercial Arbitration Act, the parties agreed that an appeal may be made under section 34A of that Act; and

(b) exhibiting –

(i) a copy of the arbitration agreement; and

(ii) a copy of the award, including the reasons of the arbitral tribunal for the award.

(3)  The application must be accompanied by a submission setting out –

(a) the name and usual or last-known place of residence or business of any person whose interest might be affected by the proposed appeal or, if the person is a company, the last-known registered office of the company; and

(b) the nature of the dispute with sufficient particularity to give an understanding of the context in which the question of law arises; and

(c) when and how the arbitral tribunal was asked to determine the question of law and where in the award or the reasons, and in what way, the arbitral tribunal determined it; and

(d) the relevant facts found by the arbitral tribunal on the basis of which the question of law is to be determined by the Court; and

(e) the basis on which it is contended that the determination of the question of law will substantially affect the rights of one or more parties; and

(f) the basis on which it is contended that –

(i) the decision of the arbitral tribunal on the question of law is obviously wrong; or