03 August 2012
Johann MK Blumenthal GMBH & Co KG and another v Itochu Corp [2012] EWCA Civ 996, [2012] All ER (D) 240 (Jul)
Where s 18(5) of the Arbitration Act 1996 applied, the reference to “the court” meant the court at first instance, so that if permission to appeal was refused by the judge at first instance, the Court of Appeal could not itself grant permission to appeal. The policy of restricting appeals, found in s 18 of the Act, was deliberate. It reflected the underlying general principles, as to party autonomy and protection of the parties from unnecessary delay and expense, enshrined in ss 1(a) and 1(b) of the Act.
