Clause 4

Without prejudice to the right of appeal conferred by subsection (2) of this section, the court shall not have jurisdiction to set aside or remit an award on an arbitration agreement on the ground of errors of fact or law on the face of the award.(2) Subject to subsection (3) of this section, an appeal shall lie to the court on any question of law arising out of an award made on an arbitration agreement; and on the determination of such an appeal the court may by order —

confirm, vary or set aside the award; or

remit the award to the arbitrator or umpire for reconsideration together with the court’s opinion on the question of law which was the subject of the appeal,and where the award is remitted under paragraph (b) of this subsection the arbitrator or umpire shall, unless the order otherwise directs, make his award within three months of the date of the order.(3) An appeal under this section may be brought by any of the parties to the reference —

with the consent of all the other parties to the reference; or

subject to section 28B of this Act, with the leave of the court.(4) The court shall not grant leave under paragraph (b) of subsection (3) of this section unless it considers that, having regard to all the circumstances, the determination of the question of law concerned could substantially affect the rights of one or more of the parties to the arbitration agreement; and the court may grant any leave subject to such conditions as it considers appropriate.(5) Subject to subsection (6) of this section, if an award is made and, on an application made by any of the parties to the reference, —

with the consent of all the other parties to the reference; or

subject to section 28B of this Act, with the leave of the court,it appears to the court that the award does not or does not sufficiently set out the reasons for the award, the court may order the arbitrator or umpire concerned to state the reasons for his award in sufficient detail to enable the court, should an appeal be brought under this section, to consider any question of law arising out of the award.(6) In any case where an award is made without any reason being given, the court shall not make an order under subsection (5) of this section unless it is satisfied —

that before the award was made one of the parties to the reference gave notice to the arbitrator or umpire concerned that a reasoned award would be required; or

that there is some special reason why such a notice was not given.(7) No appeal shall lie to the Court of Appeal from a decision of the court on an appeal under this section unless the court or the Court of Appeal —

gives leave; and

considers the question of law to which the decision relates either as one of general public importance or as one which for some other special reason should be considered by the Court of Appeal.(8) Where the award of an arbitrator or umpire is varied on appeal, the award as varied shall have effect (except for the purposes of this section) as if it were the award of the arbitrator or umpire.”.