Astromar Shipping Inc. v. Marc Rich Co. (The Annabelle E) Q.B.D. (Com. Ct.) (Bingham J.) - 5 February 1982

1979 Arbitration Act - Leave to appeal - Whether rights of parties could be substantially affected

In this application for leave to appeal under section 1(2) of the Arbitration Act 1979, Bingham J. refused leave to appeal against a finding of the umpire even though he was of the opinion that the umpire was probably wrong on the particular point. The judge, however, did not regard the point as one which could substantially affect the rights of one or more of the parties under section 1(4) of the 1979 Act since the finding had a financial consequence of some $4,000. In relation to the other claims under arbitration, this was a small part of the amount which was in dispute between the parties, and an even smaller part having regard to the overall obligations under the particular charter.