Under s 38 of the Commercial Arbitration Act 1984 (NSW), a party seeking leave to appeal from an arbitration award cannot use one question of law that satisfies the s 38(5) threshold as a vehicle to pursue other questions of law that do not independently meet those criteria. Each question of law must separately satisfy the requirements of s 38(5). The construction of a 'one-off' contractual clause cannot add substantially to the certainty of commercial law under s 38(5)(b)(ii), so leave on such a question requires a manifest error apparent on mere perusal of the award. Delay in delivering an arbitration award, even if inordinate, does not give rise to an inference of impaired capacity where the award itself demonstrates detailed and rational consideration of the issues.
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