47.5   Application for leave under section 38 (4) (b) to appeal

(cf SCR Part 14, rule 4, Part 72A, rule 6)

(1)  The plaintiff must file with or subscribe to the originating process on an application for leave under section 38 (4) (b) of the Commercial Arbitration Act 1984 a statement:

(a)  describing the nature of the case with particularity sufficient for an understanding of the matters referred to in paragraphs (b), (c), (d) and (e), and

(b)  identifying the question of law, and

(c)  of the circumstances and manner in which the determination of the question of law could substantially affect the rights of one or more parties to the arbitration agreement, and

(d)  if applicable, of the manifest error of law on the face of the award, and

(e)  if applicable, of the error of law made by the arbitrator and of why the determination of the question may add, or be likely to add, substantially to the certainty of commercial law.

(2)  This rule does not apply to proceedings that are entered in the Commercial List in the Supreme Court.