Arbitration Act 1996

4 Determination of preliminary point of law by court

• (1) Notwithstanding anything in article 5 of Schedule 1, on an application to the High Court by any party—

  • (a) with the consent of the arbitral tribunal; or

  • (b) with the consent of every other party,—

  the High Court shall have jurisdiction to determine any question of law arising in the course of the arbitration.

  (2) The High Court shall not entertain an application under subclause (1)(a) with respect to any question of law unless it is satisfied that the determination of the question of law concerned—

  • (a) might produce substantial savings in costs to the parties; and

  • (b) might, having regard to all the circumstances, substantially affect the rights of 1 or more of the parties.

  (3) With the leave of the High Court, any party may, within 1 month from the date of any determination of the High Court, under this clause or within such further time as that court may allow, appeal from that determination to the Court of Appeal.

  (4) If the High Court refuses to grant leave to appeal under subclause (3), the Court of Appeal may grant special leave to appeal.