Permission to appeal under Section 69 of the Arbitration Act 1996 (Osler v Osler)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Arbitration analysis: In Osler v Osler, the Court of Appeal considered the requirements for permission to appeal under Section 69 of the Arbitration Act 1996 (AA 1996). In particular, whether the court can entertain a renewed oral application for permission to appeal an arbitral award in circumstances where permission had been refused on paper. The Court of Appeal held that there was no such right under AA 1996. This is significant because it means that permission to appeal applications which are refused on paper by a single judge of the High Court cannot be renewed orally, whether in the High Court or before the Court of Appeal. This interpretation of AA 1996, s 69 gives effect to the finality of arbitral awards, in a speedy and efficient manner. It is faithful the language and purpose of the section. Written by Philippe Kuhn, barrister at 39 Essex Chambers.