Point of law: preliminary determination by court

Under section 45 of the Arbitration Act 1996 reference may be made to the court for a preliminary ruling on a point of English law. The operation of that section was considered in detail by Trower J in Republic of India v CC/Devas (Mauritius) Ltd and Others [2026] EWHC 156 (Comm); [2026] 1 Lloyd's Rep 290. The case was somewhat unique in that the point of law involved was not relevant to the substance of the dispute but rather to the procedure of the arbitration.

The background facts