Arbitration - Leave to appeal - Respondent’s notice

In A. Halcoussis & Co. v. Stinnes Interoil G.m.b.H. - Q.B.D. (Com.Ct.) - 25 January 1984, Bingham J. discussed the question of respondent’s notices under the Arbitration Act 1979. No provision was made for respondent’s notices in the Act. When leave to appeal an arbitration award was given it was limited to the specific legal questions for which leave to appeal had been granted. The Commercial Court did not, when granting leave on certain specific legal questions, throw the whole award open to review. A respondent who wished to preserve his right to cross-appeal other findings should therefore issue a protective notice of motion within the time limits laid down by the Rules, making it clear that his application would not be pursued unless the appellant’s application for leave to appeal was granted.