s 45 Determination of preliminary point of law
45.—(1) Unless otherwise agreed by the parties, the Court may, on the application of a party to the arbitral proceedings who has given notice to the other parties, determine any question of law arising in the course of the proceedings which the Court is satisfied substantially affects the rights of one or more of the parties.[12/2012] (2) The Court is not to consider an application under this section unless —(a) it is made with the agreement of all parties to the proceedings; or (b) it is made with the permission of the arbitral tribunal and the Court is satisfied that —(i) the determination of the question is likely to produce substantial savings in costs; and (ii) the application is made without delay. (3) The application must identify the question of law to be determined and, except where made with the agreement of all parties to the proceedings, must state the grounds on which it is said that the question should be decided by the Court. (4) Unless otherwise agreed by the parties, the arbitral tribunal may continue the arbitral proceedings and make an award while an application to the Court under this section is pending. (5) Except with the permission of the appellate court, no appeal shall lie from a decision of the Court on whether the conditions in subsection (2) are met.[40/2019] [Act 25 of 2021 wef 01/04/2022] (6) The decision of the Court on a question of law is a judgment of the Court for the purposes of an appeal to the appellate court.[40/2019] (7) The appellate court may give permission to appeal against the decision of the Court in subsection (6) only if the question of law before it is one of general importance, or is one which for some other special reason should be considered by the appellate court.[40/2019] [Act 25 of 2021 wef 01/04/2022]