In Royal & Sunalliance Insurance PLC v BAE Systems (Operations) Ltd and others [2008] EWHC 743 (Comm) the court had to consider whether permission to appeal an award under section 69(2)(b) of the Arbitration Act 1996 (the Act) was required where the parties had agreed a provision in the underlying contract that an appeal could be made on a question of law, but that provision was silent as to whether permission from the court was still required.

Mr Justice Walker held that on a true construction of the relevant provision in the underlying contract, permission was not required to bring the appeal.

Whilst the case really turned on the construction of the clause in question, it serves as a reminder to practitioners of the importance of clear and precise drafting of arbitration agreements. Whilst the claimant was ultimately successful in demonstrating leave was not required, this issue could have been avoided altogether had the provision expressly provided so.