CPR 3.3(5) & Applications to Challenge Arbitration Awards Dealt with on Paper
In the recent decision of the Commercial Court in WSB v FOL  EWHC 586 (Comm), Calver J. dismissed an application made by one of the parties to set aside an earlier order of Moulder J DBE under CPR 3.3(4) which was made without a hearing ('order of Moulder J DBE'). The order of Moulder J DBE had refused the party permission to appeal under s. 69 of the Arbitration Act 1996 ('1996 Act') whilst also dismissing the application to challenge an arbitral award under s. 67 and s. 68 of the 1996 Act. The decision sets out the general procedure which applies in applications for permission to appeal under s. 69 of the 1996 Act as well as the circumstances in which the Court will determine applications to challenge an arbitral award on the papers.
You can read the full post on our Commercial, Construction & International Arbitration Blog here.