Summary

Lord Justice Foxton:

The Applicant ("K1") seeks permission to appeal against the decision of Mr Justice Robin Knowles refusing its application to amend K1's challenge to an arbitration award of 10 April 2024 ("the Award") made in favour of the Respondent ("B").

K1 brought an in-time challenge to the Award under s.67 of the Arbitration Act 1996 ("the 1996 Act"). Before that challenge had been determined, it applied to amend the s.67 challenge to bring an "out of time" challenge to the Award under s.68(2)(g) of the 1996 Act. That application was dismissed by Mr Justice Robin Knowles in a judgment reported as K1 v B [2025] EWHC 2539 (Comm), who held that the proposed amendment was not arguable because a complaint of the type made did not fall within s.68(2)(g). The Judge refused K1 permission to appeal.

K1 now renews that application to this court. However, an issue arises as to whether the Court of Appeal has jurisdiction to grant permission to appeal, having regard to s.68(4) of the 1996 Act which provides:

- "The leave of the court is required for any appeal from a decision of the court under this section".

Males LJ directed that the application for permission to appeal should be considered at an oral hearing.