“…ould be” applied; and (ii) permission will only be granted under s69 if the award was one which no reasonable (or rational) arbitrator could make (see The Nema [1982] AC 724 at 744). The judge concluded at [55]:…”
“…anker Co Inc (The Rio Sun) [1982] 1 WLR 158 it was argued that guidance given by the House of Lords in Pioneer Shipping Ltd v BTP Tioxide Ltd (The Nema) (No 2) [1982] AC 724 as to the test to be applied in deciding whether to give leave to appeal from an arbitration award was “technically obiter”. Lord Denning MR (at 162) confessed…”