Antaios Compania Naviera S.A. v. Salen Rederierna A.B. (The Antaios (No. 2)) - Court of Appeal (Sir John Donaldson M.R., Ackner & Fox L.JJ.) - 8 July 1983

When judges should give leave to appeal from decisions refusing leave to appeal an arbitration award

The Arbitration Act 1979 was passed with the intention of restricting the opportunities for appealing from the decisions of Arbitrators. A High Court judge was, however, empowered to give leave to appeal from an arbitration award under certain conditions (and see e.g. The Nema [1981] 2 Lloyd’s Rep. 239). In 1981 the Arbitration Act 1979 was amended by the Supreme Court Act 1981 so as to provide that the decision of the High Court judge granting or refusing leave to appeal from an arbitration award could itself be appealed to the Court of Appeal, but only where the High Court judge himself gave leave . (Section 1(6A)).