UNIFORM CIVIL PROCEDURE RULES 2005 - REG 47.3 Time for applications and appeals

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 47.3

47.3 Time for applications and appeals

(cf SCR Part 72A, rule 5)

(1) An application made to the Court pursuant to section 34 of the Commercial Arbitration Act 2010 must include--

(a) a statement by the applicant as to the date that the party received the award, or

(b) if a request has been made under section 33 of that Act, the date on which that request was disposed of by the arbitral tribunal.

(2) If a party appeals on a question of law arising out of an award and the parties have agreed before the end of the appeal period specified in section 34A(6) of the Commercial Arbitration Act 2010 that an appeal may be made under section 34A(1), the originating process for the appeal is to contain a statement--

(a) providing the date (or dates if there are more than two parties) that such agreement was reached, and

(b) identifying the question of law, and

(c) describing the nature of the dispute with sufficient particularity for an understanding as to the context in which the question of law arises under section 34A(3) and (4), and

(d) specifying the respects in which it is asserted that the arbitral tribunal fell into error.

(3) If a party seeks leave to appeal on a question of law arising out of an award, the originating process for the application for leave is to contain a statement of the party's case--

(a) providing the dates relevant to the calculation of the appeal period specified in section 34A(6) of the Commercial Arbitration Act 2010 , and

(b) describing the nature of the case with sufficient particularity for an understanding of the matters referred to in the statement, and

(c) identifying the question of law, and

(d) specifying how the determination of the question will substantially affect the rights of one or more of the parties, and

(e) specifying that the question is one which the arbitral tribunal was asked to determine, and

(f) specifying the reasons for which it is asserted that, 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 is at least open to serious doubt, and

(g) specifying the reasons for which, 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.