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Determination of preliminary point of law by court

Arbitration Act

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—(1) Subject to subsection (2) and section 30, on an application to the court made by any of the parties to a reference —(a)with the consent of an arbitrator who has entered on the reference or, if an umpire has entered on the reference, with his consent; or(b)with the consent of all the other parties,the court shall have jurisdiction to determine any question of law arising in the course of the reference.(2) The court shall not entertain an application under subsection (1)(a) with respect to any question of law unless it is satisfied that —(a)the determination of the application might produce substantial savings in costs to the parties; and(b)the question of law is one in respect of which leave to appeal would be likely to be given under section 28(3)(b).(3) A decision of the court under this section shall be deemed to be a judgment of the court within the meaning of section 29 of the Supreme Court of Judicature Act [Cap. 322], but no appeal shall lie from such a decision unless the court or the Court of Appeal —(a)gives leave; and(b)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. [28A

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