Commentary

48 Determination of preliminary point of law

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

48 Determination of preliminary point of law

48 Determination of preliminary point of law

The Arbitration Act 1996 Section 45 enables a party to an arbitration seated in England and Wales or Northern Ireland to apply to court to determine a preliminary point of the law of England and Wales1. If the application is contested, the applicant will require the permission of the tribunal and must satisfy the court that:

  1. 48.1

        the question at issue substantially affects the rights of one or more of the parties to the arbitration; and

  2. 48.2

        the court’s determination of the question ‘is likely to produce substantial savings in

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