Dolphin Tanker Srl v Westport Petroleum Inc [2010] EWHC 2617 (Comm), [2010] All ER (D) 199 (Oct)
It was established law that the general rule on an appeal from an arbitration award on a point of law was that only the award and the relevant contract should be put before the court. That rule applied whether the appeal was brought by agreement under s 69(2)(a) of the Act or leave under s 69(2)(b) of the Act, since in each case the appeal to the court had to be on a question of law arising from the award. An appeal on a question of law was confined to facts found by the award. It was irrelevant whether the court considered those findings of fact to be wrong. There was a confined category of case where either the award had set out the relevant contractual terms in an abbreviated form, or had summarised the effect of an identified contractual exchange or had identified particular documents as having contractual effect without setting out their terms. Those were circumstances in which it might be appropriate for a party to invite the court
