In Dolphin Tanker Srl v Westport Petroleum Inc (The MT “Savina Caylyn”) [2010] EWHC 2617 (Comm) (for more detail on which, see Shipping item 11.1, below), the Appellant sought to rely on a number of documents, apart from the charterparty and the arbitration award, in support of their arguments in an appeal on a question of law.

The Court did not agree with the Appellant that there had been a loosening of the general rule that only the award and relevant contract should be put before the court in an appeal on a question of law. Such an appeal was confined to the facts found by the award, and the only admissible findings in relation to the commercial background of the matter were those in the award. The Court noted that the same vigilance to this rule must be applied under the Arbitration Act 1996 as under the 1979 Act.