Arbitration Law Monthly
Appeals and permission to appeal: procedural issues
The decision of Males J in Midnight Marine Ltd and Another v Thomas Miller Speciality Underwriting Agency Ltd (The Labhauler) [2018] EWHC 3431 (Comm) was largely a discussion of the correct procedural approach where a judge dismisses an appeal under section 68 of the Arbitration Act 1996 (serious irregularity) and an application for permission to appeal under section 69 of the Arbitration Act 1996 (error of law) without a hearing, and an oral hearing before a different judge is then held.
Midnight Marine
: the facts