1982 Ed.)
Arbitration
(CAP. 341
15
Appeal), but no appeal shall lie from such a decision unless the Court or the Court of Appeal gives leave.
(4) In the absence of such circumstances as may be prescribed by rules of court proceedings in the Court or Court of Appeal under this section and section 23 shall, on the application of any party to the proceedings, be conducted otherwise than in open court.
(Added, 10 of 1982, s. 10)
23B. (1) Subject to the following provisions of this section and section 23C-
(a) the Court shall not, under section 23(3)(b), grant leave to appeal with respect to a question of law arising out of an award; and
(b) the Court shall not, under section 23(5)(b), grant leave to make an application with respect to an award; and
(c) no application may be made under section 23A(1)(a) with respect to a question of law,
if the parties to the reference in question have entered into an agreement in writing (in this section referred to as an "exclusion agreement") which excludes the right of appeal under section 23 in relation to that award or, in a case falling within paragraph (c), in relation to an award to which the determination of the question of law is material.
(2) If the parties to an exclusion agreement subsequently enter into an agreement in writing to revoke the exclusion agreement the provisions of subsection (1) shall cease to apply to the reference or references in question until such time as a further exclusion agreement is entered into by the parties.
(3) An exclusion agreement may be expressed so as to relate to a particular award, to awards under a particular reference or to any other description of awards, whether arising out of the same reference or not; and an agreement may be an exclusion agreement for the purposes of this section whether it is entered into before or after the passing of this Ordinance and whether or not it forms part of an arbitration agreement.
(4) In any case where-
(a) an arbitration agreement, other than a domestic arbitration agreement, provides for disputes between the parties to be referred to arbitration; and
(b) a dispute to which the agreement relates involves the question whether a party has been guilty of fraud; and
(c) the parties have entered into an exclusion agreement which is applicable to any award made on the reference of that dispute,
then, except in so far as the exclusion agreement otherwise provides, the Court shall not exercise its powers under section 26(2) in relation to that dispute.
Exclusion agreements affecting rights under sections 23 and 23A. 1979 c. 42. s. 3.