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ARRANGEMENTOF SECTIONS
PART I
ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT
Introductory
1. General principles.
2. Scope of application of provisions.
3. The seat of the arbitration.
4. Mandatory and non-mandatory provisions.
5. Agreements to be in writing.
The arbitration agreement
6. Definition of arbitration agreement.
7. Separability of arbitration agreement.
8. Whether agreement discharged by death of a party.
Stay of legal proceedings
9. Stay of legal proceedings.
10. Reference of interpleader issue to arbitration.
11. Retention of security where Admiralty proceedings stayed.
Commencement of arbitral proceedings
12. Power of court to extend time for beginning arbitral proceedings, &c.
13. Application of Limitation Acts.
14. Commencement of arbitral proceedings.
The arbitral tribunal
15. The arbitral tribunal.
16. Procedure for appointment of arbitrators.
17. Power in case of default to appoint sole arbitrator.
18. Failure of appointment procedure.
19. Court to have regard to agreed qualifications.
20. Chairman.
21. Umpire.
22. Decision-making where no chairman or umpire.
23. Revocation of arbitrator's authority.
24. Power of court to remove arbitrator.
25. Resignation of arbitrator.
26. Death of arbitrator or person appointing him.
27. Filling of vacancy, &c.
28. Joint and several liability of parties to arbitrators for fees and expenses.
29. Immunity of arbitrator.
Jurisdiction of the arbitral tribunal
30. Competence of tribunal to rule on its own jurisdiction.
31. Objection to substantive jurisdiction of tribunal.
32. Determination of preliminary point of jurisdiction.
The arbitral proceedings
33. General duty of the tribunal.
34. Procedural and evidential matters.
35. Consolidation of proceedings and concurrent hearings.
36. Legal or other representation.
37. Power to appoint experts, legal advisers or assessors.
38. General powers exercisable by the tribunal.
39. Power to make provisional awards.
40. General duty of parties.
41. Powers of tribunal in case of party's default.
Powers of court in relation to arbitral proceedings
42. Enforcement of peremptory orders of tribunal.
43. Securing the attendance of witnesses.
44. Court powers exercisable in support of arbitral proceedings.
45. Determination of preliminary point of law.
The award
46. Rules applicable to substance of dispute.
47. Awards on different issues, &c.
48. Remedies.
49. Interest.
50. Extension of time for making award.
51. Settlement.
52. Form of award.
53. Place where award treated as made.
54. Date of award.
55. Notification of award.
56. Power to withhold award in case of non-payment.
57. Correction of award or additional award.
58. Effect of award.
Costs of the arbitration
59. Costs of the arbitration.
60. Agreement to pay costs in any event.
61. Award of costs.
62. Effect of agreement or award about costs.
63. The recoverable costs of the arbitration.
64. Recoverable fees and expenses of arbitrators.
65. Power to limit recoverable costs.
Powers of the court in relation to award
66. Enforcement of the award.
67. Challenging the award: substantive jurisdiction.
68. Challenging the award: serious irregularity.
69. Appeal on point of law.
70. Challenge or appeal: supplementary provisions.
71. Challenge or appeal: effect of order of court.
Miscellaneous
72. Saving for rights of person who takes no part in proceedings.
73. Loss of right to object.
74. Immunity of arbitral institutions, &c.
75. Charge to secure payment of solicitors' costs.
Supplementary
76. Service of notices, &c.
77. Powers of court in relation to service of documents.
78. Reckoning periods of time.
79. Power of court to extend time limits relating to arbitral proceedings.
80. Notice and other requirements in connection with legal proceedings.
81. Saving for certain matters governed by common law.
82. Minor definitions.
83. Index of defined expressions: Part I.
84. Transitional provisions.
PART II
OTHER PROVISIONS RELATING TO ARBITRATION
Domestic arbitration agreements
85. Modification of Part I in relation to domestic arbitration agreement.
86. Staying of legal proceedings.
87. Effectiveness of agreement to exclude court's jurisdiction.
88. Power to repeal or amend sections 85 to 87.
Consumer arbitration agreements
89. Application of unfair terms regulations to consumer arbitration agreements.
90. Regulations apply where consumer is a legal person.
91. Arbitration agreement unfair where modest amount sought.
Small claims arbitration in the county court
92. Exclusion of Part I in relation to small claims arbitration in the county court.
93. Appointment of judges as arbitrators.
Statutory arbitrations
94. Application of Part I to statutory arbitrations.
95. General adaptation of provisions in relation to statutory arbitrations.
96. Specific adaptations of provisions in relation to statutory arbitrations.
97. Provisions excluded from applying to statutory arbitrations.
98. Power to make further provision by regulations.
PART III
RECOGNITION AND ENFORCEMENT OF CERTAIN FOREIGN AWARDS
Enforcement of Geneva Convention awards99. Continuation of Part II of the Arbitration Act 19501950.
100. New York Convention awards.
101. Recognition and enforcement of awards.
102. Evidence to be produced by party seeking recognition or enforcement.
103. Refusal of recognition or enforcement.
104. Saving for other bases of recognition or enforcement.
PART IV
GENERAL PROVISIONS
105. Meaning of "the court": jurisdiction of High Court and county court.
106. Crown application.
107. Consequential amendments and repeals.
108. Extent.
109. Commencement.
110. Short title.
SCHEDULES:
Schedule 1 Mandatory provisions of Part I.
Schedule 2 Modifications of Part I in relation to judge-arbitrators.
Schedule 3 Consequential amendments.
Schedule 4 Repeals.
An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes.
[17th June 1996]
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
PART I
ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT
Introductory
General Principles
1. The provisions of this Part are founded on the following principles, and shall be construed accordingly-
1. the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense;
the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest; in matters governed by this Part the court should not intervene except as provided by this Part. Scope of application of provisions 2(1) The provisions of this Part apply where the seat of the arbitration is in England and Wales or Northern Ireland.The arbitration agreement Definition of arbitration agreement 6. - (1) In this Part an "arbitration agreement" means an agreement to submit to arbitration present or future disputes (whether they are contractual or not). (2) The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement. Separability of arbitration agreement 7. Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part of another agreement (whether or not in writing) shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and it shall for that purpose be treated as a distinct agreement. Whether agreement discharged by death of a party 8. (1) Unless otherwise agreed by the parties, an arbitration agreement is not discharged by the death of a party and may be enforced by or against the personal representatives of that party. (2) Subsection (1) does not affect the operation of any enactment or rule of law by virtue of which a substantive right or obligation is extinguished by death.
Stay of legal proceedings Stay of legal proceedings 9. (1) A party to an arbitration agreement against whom legal proceedings are brought (whether by way of claim or counterclaim) in respect of a matter which under the agreement is to be referred to arbitration may (upon notice to the other parties to the proceedings) apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter. (2) An application may be made notwithstanding that the matter is to be referred to arbitration only after the exhaustion of other dispute resolution procedures. (3) An application may not be made by a person before taking the appropriate procedural step (if any) to acknowledge the legal proceedings against him or after he has taken any step in those proceedings to answer the substantive claim. (4) On an application under this section the court shall grant a stay unless satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed.
(5) If the court refuses to stay the legal proceedings, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter is of no effect in relation to those proceedings.
Reference of interpleader issue to arbitration 10. (1) Where in legal proceedings relief by way of interpleader is granted and any issue between the claimants is one in respect of which there is an arbitration agreement between them, the court granting the relief shall direct that the issue be determined in accordance with the agreement unless the circumstances are such that proceedings brought by a claimant in respect of the matter would not be stayed.(2) Where subsection (1) applies but the court does not direct that the issue be determined in accordance with the arbitration agreement, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter shall not affect the determination of that issue by the court.
Retention of security where Admiralty proceedings stayed 11. (1) Where Admiralty proceedings are stayed on the ground that the dispute in question should be submitted to arbitration, the court granting the stay may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest-(a) order that the property arrested be retained as security for the satisfaction of any award given in the arbitration in respect of that dispute, or (b) order that the stay of those proceedings be conditional on the provision of equivalent security for the satisfaction of any such award.
(2) Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order as would apply if it were held for the purposes of proceedings in the court making the order.(a) to begin arbitral proceedings, or (b) to begin other dispute resolution procedures which must be exhausted before arbitral proceedings can be begun, the court may by order extend the time for taking that step.
(2) Any party to the arbitration agreement may apply for such an order (upon notice to the other parties), but only after a claim has arisen and after exhausting any available arbitral process for obtaining an extension of time. (3) The court shall make an order only if satisfied- (a) that the circumstances are such as were outside the reasonable contemplation of the parties when they agreed the provision in question, and that it would be just to extend the time, or (b) that the conduct of one party makes it unjust to hold the other party to the strict terms of the provision in question. (4) The court may extend the time for such period and on such terms as it thinks fit, and may do so whether or not the time previously fixed (by agreement or by a previous order) has expired. (5) An order under this section does not affect the operation of the Limitation Acts (see section 13). (6) The leave of the court is required for any appeal from a decision of the court under this section. Application of Limitation Acts 13. (1) The Limitation Acts apply to arbitral proceedings as they apply to legal proceedings. (2) The court may order that in computing the time prescribed by the Limitation Acts for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject matter- (a) of an award which the court orders to be set aside or declares to be of no effect, or (b) of the affected part of an award which the court orders to be set aside in part, or declares to be in part of no effect, the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or (b) shall be excluded. (3) In determining for the purposes of the Limitation Acts when a cause of action accrued, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of a matter to which an arbitration agreement applies shall be disregarded. (4) In this Part "the Limitation Acts" means-(a) in England and Wales, the Limitation Act 1980, the Foreign Limitation Periods Act 1984 and any other enactment (whenever passed) relating to the limitation of actions;(b) in Northern Ireland, the Limitation (Northern Ireland) Order 1989, the Foreign Limitation Periods (Northern Ireland) Order 1985 and any other enactment (whenever passed) relating to the limitation of actions.
Commencement of arbitral proceedings 14 (1) The parties are free to agree when arbitral proceedings are to be regarded as commenced for the purposes of this Part and for the purposes of the Limitation Acts. (2) If there is no such agreement the following provisions apply. (3) Where the arbitrator is named or designated in the arbitration agreement, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties a notice in writing requiring him or them to submit that matter to the person so named or designated. (4) Where the arbitrator or arbitrators are to be appointed by the parties, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties notice in writing requiring him or them to appoint an arbitrator or to agree to the appointment of an arbitrator in respect of that matter.(5) Where the arbitrator or arbitrators are to be appointed by a person other than a party to the proceedings, arbitral proceedings are commenced in respect of a matter when one party gives notice in writing to that person requesting him to make the appointment in respect of that matter.
The arbitral tribunal The arbitral tribunal 15. (1) The parties are free to agree on the number of arbitrators to form the tribunal and whether there is to be a chairman or umpire.
(2) Unless otherwise agreed by the parties, an agreement that the number of arbitrators shall be two or any other even number shall be understood as requiring the appointment of an additional arbitrator as chairman of the tribunal.
(3) If there is no agreement as to the number of arbitrators, the tribunal shall consist of a sole arbitrator. Procedure for appointment of arbitrators 16. (1) The parties are free to agree on the procedure for appointing the arbitrator or arbitrators, including the procedure for appointing any chairman or umpire. (2) If or to the extent that there is no such agreement, the following provisions apply. (3) If the tribunal is to consist of a sole arbitrator, the parties shall jointly appoint the arbitrator not later than 28 days after service of a request in writing by either party to do so. (4) If the tribunal is to consist of two arbitrators, each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so. (5) If the tribunal is to consist of three arbitrators-(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so, and (b) the two so appointed shall forthwith appoint a third arbitrator as the chairman of the tribunal.
(6) If the tribunal is to consist of two arbitrators and an umpire-(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so, and (b) the two so appointed may appoint an umpire at any time after they themselves are appointed and shall do so before any substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration.
(7) In any other case (in particular, if there are more than two parties) section 18 applies as in the case of a failure of the agreed appointment procedure. Power in case of default to appoint sole arbitrator 17. (1) Unless the parties otherwise agree, where each of two parties to an arbitration agreement is to appoint an arbitrator and one party ("the party in default") refuses to do so, or fails to do so within the time specified, the other party, having duly appointed his arbitrator, may give notice in writing to the party in default that he proposes to appoint his arbitrator to act as sole arbitrator. (2) If the party in default does not within 7 clear days of that notice being given-(a) make the required appointment, and (b) notify the other party that he has done so, the other party may appoint his arbitrator as sole arbitrator whose award shall be binding on both parties as if he had been so appointed by agreement.
(3) Where a sole arbitrator has been appointed under subsection (2), the party in default may (upon notice to the appointing party) apply to the court which may set aside the appointment. (4) The leave of the court is required for any appeal from a decision of the court under this section. Failure of appointment procedure 18. (1) The parties are free to agree what is to happen in the event of a failure of the procedure for the appointment of the arbitral tribunal. There is no failure if an appointment is duly made under section 17 (power in case of default to appoint sole arbitrator), unless that appointment is set aside. (2) If or to the extent that there is no such agreement any party to the arbitration agreement may (upon notice to the other parties) apply to the court to exercise its powers under this section. (3) Those powers are- (a) to give directions as to the making of any necessary appointments;(b) to direct that the tribunal shall be constituted by such appointments (or any one or more of them) as have been made;
(c) to revoke any appointments already made; (d) to make any necessary appointments itself. (4) An appointment made by the court under this section has effect as if made with the agreement of the parties. (5) The leave of the court is required for any appeal from a decision of the court under this section. Court to have regard to agreed qualifications(a) whether he is to attend the proceedings, and (b) when he is to replace the other arbitrators as the tribunal with power to make decisions, orders and awards.
(a) by the parties acting jointly, or (b) by an arbitral or other institution or person vested by the parties with powers in that regard.
(4) Revocation of the authority of an arbitrator by the parties acting jointly must be agreed in writing unless the parties also agree (whether or not in writing) to terminate the arbitration agreement. (5) Nothing in this section affects the power of the court-(a) to revoke an appointment under section 18 (powers exercisable in case of failure of appointment procedure), or (b) to remove an arbitrator on the grounds specified in section 24.
Power of court to remove arbitrator(c) that he is physically or mentally incapable of conducting the proceedings or there are justifiable doubts as to his capacity to do so;
(d) that he has refused or failed- (i) properly to conduct the proceedings, or (ii) to use all reasonable despatch in conducting the proceedings or making an award, and that substantial injustice has been or will be caused to the applicant.
(2) If there is an arbitral or other institution or person vested by the parties with power to remove an arbitrator, the court shall not exercise its power of removal unless satisfied that the applicant has first exhausted any available recourse to that institution or person. (3) The arbitral tribunal may continue the arbitral proceedings and make an award while an application to the court under this section is pending. (4) Where the court removes an arbitrator, it may make such order as it thinks fit with respect to his entitlement (if any) to fees or expenses, or the repayment of any fees or expenses already paid. (5) The arbitrator concerned is entitled to appear and be heard by the court before it makes any order under this section. (6) The leave of the court is required for any appeal from a decision of the court under this section. Resignation of arbitrator(a) to grant him relief from any liability thereby incurred by him, and (b) to make such order as it thinks fit with respect to his entitlement (if any) to fees or expenses or the repayment of any fees or expenses already paid.
(4) If the court is satisfied that in all the circumstances it was reasonable for the arbitrator to resign, it may grant such relief as is mentioned in subsection (3)(a) on such terms as it thinks fit. (5) The leave of the court is required for any appeal from a decision of the court under this section. Death of arbitrator or person appointing him(a) whether and if so how the vacancy is to be filled, (b) whether and if so to what extent the previous proceedings should stand, and (c) what effect (if any) his ceasing to hold office has on any appointment made by him (alone or jointly).
(2) If or to the extent that there is no such agreement, the following provisions apply. (3) The provisions of sections 16 (procedure for appointment of arbitrators) and 18 (failure of appointment procedure) apply in relation to the filling of the vacancy as in relation to an original appointment. (4) The tribunal (when reconstituted) shall determine whether and if so to what extent the previous proceedings should stand. This does not affect any right of a party to challenge those proceedings on any ground which had arisen before the arbitrator ceased to hold office. (5) His ceasing to hold office does not affect any appointment by him (alone or jointly) of another arbitrator, in particular any appointment of a chairman or umpire. Joint and several liability of parties to arbitrators for fees and expenses 28. (1) The parties are jointly and severally liable to pay to the arbitrators such reasonable fees and expenses (if any) as are appropriate in the circumstances.(3) This section does not affect any liability incurred by an arbitrator by reason of his resigning (but see section 25).
Jurisdiction of the arbitral tribunal Competence of tribunal to rule on its own jurisdiction
(a) whether there is a valid arbitration agreement, (b) whether the tribunal is properly constituted, and (c) what matters have been submitted to arbitration in accordance with the arbitration agreement.
(2) Any such ruling may be challenged by any available arbitral process of appeal or review or in accordance with the provisions of this Part. Objection to substantive jurisdiction of tribunalA party is not precluded from raising such an objection by the fact that he has appointed or participated in the appointment of an arbitrator.
(2) Any objection during the course of the arbitral proceedings that the arbitral tribunal is exceeding its substantive jurisdiction must be made as soon as possible after the matter alleged to be beyond its jurisdiction is raised. (3) The arbitral tribunal may admit an objection later than the time specified in subsection (1) or (2) if it considers the delay justified. (4) Where an objection is duly taken to the tribunal's substantive jurisdiction and the tribunal has power to rule on its own jurisdiction, it may-(a) rule on the matter in an award as to jurisdiction, or (b) deal with the objection in its award on the merits.
If the parties agree which of these courses the tribunal should take, the tribunal shall proceed accordingly. (5) The tribunal may in any case, and shall if the parties so agree, stay proceedings whilst an application is made to the court under section 32 (determination of preliminary point of jurisdiction). Determination of preliminary point of jurisdiction(a) act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting his case and dealing with that of his opponent, and
(b) adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay or expense, so as to provide a fair means for the resolution of the matters falling to be determined.
(a) when and where any part of the proceedings is to be held;
(b) the language or languages to be used in the proceedings and whether translations of any relevant documents are to be supplied; (c) whether any and if so what form of written statements of claim and defence are to be used, when these should be supplied and the extent to which such statements can be later amended; (d) whether any and if so which documents or classes of documents should be disclosed between and produced by the parties and at what stage; (e) whether any and if so what questions should be put to and answered by the respective parties and when and in what form this should be done;(f) whether to apply strict rules of evidence (or any other rules) as to the admissibility, relevance or weight of any material (oral, written or other) sought to be tendered on any matters of fact or opinion, and the time, manner and form in which such material should be exchanged and presented;
(g) whether and to what extent the tribunal should itself take the initiative in ascertaining the facts and the law;
(h) whether and to what extent there should be oral or written evidence or submissions. The tribunal may fix the time within which any directions given by it are to be complied with, and may if it thinks fit extend the time so fixed (whether or not it has expired). Consolidation of proceedings and concurrent hearings(i) appoint experts or legal advisers to report to it and the parties, or
(ii) appoint assessors to assist it on technical matters, and may allow any such expert, legal adviser or assessor to attend the proceedings; and
advice offered by any such person.
(2)The fees and expenses of an expert, legal adviser or assessor appointed by the tribunal for which the arbitrators are liable are expenses of the arbitrators for the purposes of this Part. General powers exercisable by the tribunal(a) an individual ordinarily resident outside the United Kingdom, or (b) a corporation or association incorporated or formed under the law of a country outside the United Kingdom, or whose central management and control is exercised outside the United Kingdom.
(4) The tribunal may give directions in relation to any property which is the subject of the proceedings or as to which any question arises in the proceedings, and which is owned by or is in the possession of a party to the proceedings-(a) for the inspection, photographing, preservation, custody or detention of the property by the tribunal, an expert or a party, or (b) ordering that samples be taken from, or any observation be made of or experiment conducted upon, the property.
(5) The tribunal may direct that a party or witness shall be examined on oath or affirmation, and may for that purpose administer any necessary oath or take any necessary affirmation. (6) The tribunal may give directions to a party for the preservation for the purposes of the proceedings of any evidence in his custody or control. Power to make provisional awards(a) a provisional order for the payment of money or the disposition of property as between the parties, or (b) an order to make an interim payment on account of the costs of the arbitration.
(3) Any such order shall be subject to the tribunal's final adjudication; and the tribunal's final award, on the merits or as to costs, shall take account of any such order. (4) Unless the parties agree to confer such power on the tribunal, the tribunal has no such power. This does not affect its powers under section 47 (awards on different issues, &c.). General duty of parties(a) complying without delay with any determination of the tribunal as to procedural or evidential matters, or with any order or directions of the tribunal, and
(b) where appropriate, taking without delay any necessary steps to obtain a decision of the court on a preliminary question of jurisdiction or law (see sections 32 and 45). Powers of tribunal in case of party's default.(a) gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the issues in that claim, or (b) has caused, or is likely to cause, serious prejudice to the respondent, the tribunal may make an award dismissing the claim.
(4) If without showing sufficient cause a party-(a) fails to attend or be represented at an oral hearing of which due notice was given, or (b) where matters are to be dealt with in writing, fails after due notice to submit written evidence or make written submissions, the tribunal may continue the proceedings in the absence of that party or, as the case may be, without any written evidence or submissions on his behalf, and may make an award on the basis of the evidence before it.
(5) If without showing sufficient cause a party fails to comply with any order or directions of the tribunal, the tribunal may make a peremptory order to the same effect, prescribing such time for compliance with it as the tribunal considers appropriate. (6) If a claimant fails to comply with a peremptory order of the tribunal to provide security for costs, the tribunal may make an award dismissing his claim. (7) If a party fails to comply with any other kind of peremptory order, then, without prejudice to section 42 (enforcement by court of tribunal's peremptory orders), the tribunal may do any of the following-(a) direct that the party in default shall not be entitled to rely upon any allegation or material which was the subject matter of the order;
(b) draw such adverse inferences from the act of non-compliance as the circumstances justify; (c) proceed to an award on the basis of such materials as have been properly provided to it;(d) make such order as it thinks fit as to the payment of costs of the arbitration incurred in consequence of the non-compliance.
(b) by a party to the arbitral proceedings with the permission of the tribunal (and upon notice to the other parties), or
(c) where the parties have agreed that the powers of the court under this section shall be available. (3) The court shall not act unless it is satisfied that the applicant has exhausted any available arbitral process in respect of failure to comply with the tribunal's order. (4) No order shall be made under this section unless the court is satisfied that the person to whom the tribunal's order was directed has failed to comply with it within the time prescribed in the order or, if no time was prescribed, within a reasonable time. (5) The leave of the court is required for any appeal from a decision of the court under this section. Securing the attendance of witnesses(a) the witness is in the United Kingdom, and(b) the arbitral proceedings are being conducted in England and Wales or, as the case may be, Northern Ireland.
(4) A person shall not be compelled by virtue of this section to produce any document or other material evidence which he could not be compelled to produce in legal proceedings. Court powers exercisable in support of arbitral proceedings(c) making orders relating to property which is the subject of the proceedings or as to which any question arises in the proceedings-
(i) for the inspection, photographing, preservation, custody or detention of the property, or(ii) ordering that samples be taken from, or any observation be made of or experiment conducted upon, the property; and for that purpose authorising any person to enter any premises in the possession or control of a party to the arbitration;
(d) the sale of any goods the subject of the proceedings; (e) the granting of an interim injunction or the appointment of a receiver. (3) If the case is one of urgency, the court may, on the application of a party or proposed party to the arbitral proceedings, make such orders as it thinks necessary for the purpose of preserving evidence or assets. (4) If the case is not one of urgency, the court shall act only on the application of a party to the arbitral proceedings (upon notice to the other parties and to the tribunal) made with the permission of the tribunal or the agreement in writing of the other parties.(5) In any case the court shall act only if or to the extent that the arbitral tribunal, and any arbitral or other institution or person vested by the parties with power in that regard, has no power or is unable for the time being to act effectively.
(6) If the court so orders, an order made by it under this section shall cease to have effect in whole or in part on the order of the tribunal or of any such arbitral or other institution or person having power to act in relation to the subject-matter of the order.
(7) The leave of the court is required for any appeal from a decision of the court under this section. Determination of preliminary point of lawThe award Rules applicable to substance of dispute
(a) in accordance with the law chosen by the parties as applicable to the substance of the dispute, or (b) if the parties so agree, in accordance with such other considerations as are agreed by them or determined by the tribunal.
(2) For this purpose the choice of the laws of a country shall be understood to refer to the substantive laws of that country and not its conflict of laws rules. (3) If or to the extent that there is no such choice or agreement, the tribunal shall apply the law determined by the conflict of laws rules which it considers applicable. Awards on different issues(a) to an issue affecting the whole claim, or (b) to a part only of the claims or cross-claims submitted to it for decision.
(3) If the tribunal does so, it shall specify in its award the issue, or the claim or part of a claim, which is the subject matter of the award. Remedies(a) on the whole or part of any amount awarded by the tribunal, in respect of any period up to the date of the award;(b) on the whole or part of any amount claimed in the arbitration and outstanding at the commencement of the arbitral proceedings but paid before the award was made, in respect of any period up to the date of payment.
(4) The tribunal may award simple or compound interest from the date of the award (or any later date) until payment, at such rates and with such rests as it considers meets the justice of the case, on the outstanding amount of any award (including any award of interest under subsection (3) and any award as to costs).(a) by the tribunal (upon notice to the parties), or(b) by any party to the proceedings (upon notice to the tribunal and the other parties), but only after exhausting any available arbitral process for obtaining an extension of time.
(3) The court shall only make an order if satisfied that a substantial injustice would otherwise be done. (4) The court may extend the time for such period and on such terms as it thinks fit, and may do so whether or not the time previously fixed (by or under the agreement or by a previous order) has expired. (5) The leave of the court is required for any appeal from a decision of the court under this section. Settlement(a) the tribunal shall deliver the award on the payment into court by the applicant of the fees and expenses demanded, or such lesser amount as the court may specify,
(b) the amount of the fees and expenses properly payable shall be determined by such means and upon such terms as the court may direct, and
(c) out of the money paid into court there shall be paid out such fees and expenses as may be found to be properly payable and the balance of the money (if any) shall be paid out to the applicant.
(3) For this purpose the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 28 or any agreement relating to the payment of the arbitrators.(a) correct an award so as to remove any clerical mistake or error arising from an accidental slip or omission or clarify or remove any ambiguity in the award, or (b) make an additional award in respect of any claim (including a claim for interest or costs) which was presented to the tribunal but was not dealt with in the award.
These powers shall not be exercised without first affording the other parties a reasonable opportunity to make representations to the tribunal. (4) Any application for the exercise of those powers must be made within 28 days of the date of the award or such longer period as the parties may agree. (5) Any correction of an award shall be made within 28 days of the date the application was received by the tribunal or, where the correction is made by the tribunal on its own initiative, within 28 days of the date of the award or, in either case, such longer period as the parties may agree. (6) Any additional award shall be made within 56 days of the date of the original award or such longer period as the parties may agree. (7) Any correction of an award shall form part of the award.
Costs of the arbitration Costs of the arbitration
61. (1) The tribunal may make an award allocating the costs of the arbitration as between the parties, subject to any agreement of the parties.
(2) Unless the parties otherwise agree, the tribunal shall award costs on the general principle that costs should follow the event except where it appears to the tribunal that in the circumstances this is not appropriate in relation to the whole or part of the costs.
Effect of agreement or award about costs63. (1) The parties are free to agree what costs of the arbitration are recoverable.
(2) If or to the extent there is no such agreement, the following provisions apply.
(3) The tribunal may determine by award the recoverable costs of the arbitration on such basis as it thinks
fit. If it does so, it shall specify: (a) the basis on which it has acted, and; (b) the items of recoverable costsand the amount referable to each.
(4) If the tribunal does not determine the recoverable costs of the arbitration, any party to the arbitral proceedings may apply to the court (upon notice to the other parties) which may - (a) determine the recoverable costs of the arbitration on such basis as it thinks fit, or (b) order that they shall be determined by such means and upon such terms as it may specify.
(5) Unless the tribunal or the court determines otherwise:
(a) the recoverable costs of the arbitration shall be determined on the basis that there shall be allowed a reasonable amount in respect of all costs reasonably incurred, and (b) any doubt as to whether costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the paying party.
(6) The above provisions have effect subject to section 64 (recoverable fees and expenses of arbitrators).
(7) Nothing in this section affects any right of the arbitrators, any expert, legal adviser or assessor appointed by the tribunal, or any arbitral institution, to payment of their fees and expenses.
Recoverable fees and expenses of arbitrators(a) determine the matter, or (b) order that it be determined by such means and upon such terms as the court may specify.
(3) Subsection (1) has effect subject to any order of the court under section 24(4) or 25(3)(b) (order as to entitlement to fees or expenses in case of removal or resignation of arbitrator).Powers of the court in relation to award Enforcement of the award
(a) challenging any award of the arbitral tribunal as to its substantive jurisdiction; or (b) for an order declaring an award made by the tribunal on the merits to be of no effect, in whole or in part, because the tribunal did not have substantive jurisdiction.
A party may lose the right to object (see section 73) and the right to apply is subject to the restrictions in section 70(2) and (3). (2) The arbitral tribunal may continue the arbitral proceedings and make a further award while an application to the court under this section is pending in relation to an award as to jurisdiction.(3) On an application under this section challenging an award of the arbitral tribunal as to its substantive jurisdiction, the court may by order-
(a) that the determination of the question will substantially affect the rights of one or more of the parties,
(b) that the question is one which the tribunal was asked to determine, (c) that, on the basis of the findings of fact in the award-(ii) the question is one of general public importance and the decision of the tribunal is at least open to serious doubt, and
(d) that, despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all
the circumstances for the court to determine the question. (4) An application for leave to appeal under this section shall identify the question of law to be determined and state the grounds on which it is alleged that leave to appeal should be granted.(c) remit the award to the tribunal, in whole or in part, for reconsideration in the light of the court's determination, or
(d) set aside the award in whole or in part. The court shall not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration. (8)The decision of the court on an appeal under this section shall be treated as a judgment of the court for the purposes of a further appeal. But no such appeal lies without the leave of the court which shall not be given unless the court considers that the question is one of general importance or is one which for some other special reason should be considered by the Court of Appeal. Challenge or appeal: supplementary provisions(a) does not contain the tribunal's reasons, or (b) does not set out the tribunal's reasons in sufficient detail to enable the court properly to consider the application or appeal, the court may order the tribunal to state the reasons for its award in sufficient detail for that purpose.
(b) a corporation or association incorporated or formed under the law of a country outside the United Kingdom, or whose central management and control is exercised outside the United Kingdom.
(7) The court may order that any money payable under the award shall be brought into court or otherwise secured pending the determination of the application or appeal, and may direct that the application or appeal be dismissed if the order is not complied with.Miscellaneous Saving for rights of person who takes no part in proceedings
(c) what matters have been submitted to arbitration in accordance with the arbitration agreement, by proceedings in the court for a declaration or injunction or other appropriate relief.
(2) He also has the same right as a party to the arbitral proceedings to challenge an award-(a) by an application under section 67 on the ground of lack of substantive jurisdiction in relation to him, or (b) by an application under section 68 on the ground of serious irregularity (within the meaning of that section) affecting him; and section 70(2) (duty to exhaust arbitral procedures) does not apply in his case.
Loss of right to object(c) that there has been a failure to comply with the arbitration agreement or with any provision of this Part, or
(d) that there has been any other irregularity affecting the tribunal or the proceedings, he may not raise that objection later, before the tribunal or the court, unless he shows that, at the time he took part or continued to take part in the proceedings, he did not know and could not with reasonable diligence have discovered the grounds for the objection.
(b) by challenging the award, does not do so, or does not do so within the time allowed by the arbitration agreement or any provision of this Part, he may not object later to the tribunal's substantive jurisdiction on any ground which was the subject of that ruling.
Immunity of arbitral institutions 74. (1) An arbitral or other institution or person designated or requested by the parties to appoint or nominate an arbitrator is not liable for anything done or omitted in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith.Supplementary Service of notices
(a) to the addressee's last known principal residence or, if he is or has been carrying on a trade, profession or business, his last known principal business address, or
(b) where the addressee is a body corporate, to the body's registered or principal office, it shall be treated as effectively served.
(5) This section does not apply to the service of documents for the purposes of legal proceedings, for which provision is made by rules of court. (6) References in this Part to a notice or other document include any form of communication in writing and references to giving or serving a notice or other document shall be construed accordingly. Powers of court in relation to service of documents(a) for service in such manner as the court may direct, or (b) dispensing with service of the document.
(3) Any party to the arbitration agreement may apply for an order, but only after exhausting any available arbitral process for resolving the matter. (4) The leave of the court is required for any appeal from a decision of the court under this section. Reckoning periods of time(a) by any party to the arbitral proceedings (upon notice to the other parties and to the tribunal), or (b) by the arbitral tribunal (upon notice to the parties).
(3) The court shall not exercise its power to extend a time limit unless it is satisfied-(a) that any available recourse to the tribunal, or to any arbitral or other institution or person vested by the parties with power in that regard, has first been exhausted, and (b) that a substantial injustice would otherwise be done.
(4) The court's power under this section may be exercised whether or not the time has already expired. (5) An order under this section may be made on such terms as the court thinks fit. (6) The leave of the court is required for any appeal from a decision of the court under this section. Notice and other requirements in connection with legal proceedings(b) if the tribunal is not fully constituted, as a requirement to give notice to any arbitrator who has been appointed.
(4) References in this Part to making an application or appeal to the court within a specified period are to the issue within that period of the appropriate originating process in accordance with rules of court. (5) Where any provision of this Part requires an application or appeal to be made to the court within a specified time, the rules of court relating to the reckoning of periods, the extending or abridging of periods, and the consequences of not taking a step within the period prescribed by the rules, apply in relation to that requirement. (6) Provision may be made by rules of court amending the provisions of this Part- (a) with respect to the time within which any application or appeal to the court must be made, (b) so as to keep any provision made by this Part in relation to arbitral proceedings in step with the corresponding provision of rules of court applying in relation to proceedings in the court, or (c) so as to keep any provision made by this Part in relation to legal proceedings in step with the corresponding provision of rules of court applying generally in relation to proceedings in the court. (7) Nothing in this section affects the generality of the power to make rules of court. Saving for certain matters governed by common lawences to the tribunal exceeding its substantive jurisdiction shall be construed accordingly.
(2) References in this Part to a party to an arbitration agreement include any person claiming under or through a party to the agreement. Index of defined expressions: Part I
agreement, agree and agreed
section 5(1)agreement in writing
section 5(2) to (5)arbitration agreement
sections 6 and 5(1)arbitrator
section 82(1)available arbitral process
section 82(1)claimant
section 82(1)commencement (in relation to arbitral proceedings)
section 14costs of the arbitration
section 59the court
section 105dispute
section 82(1)enactment
section 82(1)legal proceedings
section 82(1)Limitation Acts
section 13(4)notice (or other document)
section 76(6)party-
- in relation to an arbitration agreement
section 82(2)- where section 106(2) or (3) applies
section 106(4)peremptory order
section 82(1) (and see section 41(5))premises
section 82(1)question of law
section 82(1)recoverable costs
sections 63 and 64seat of the arbitration
section 3serve and service (of notice or other document)
section 76(6)substantive jurisdiction (in relation to an arbitral tribunal)
section 82(1) (and see section 30(1)(a) to (c))upon notice (to the parties or the tribunal)
section 80written and in writing
section 5(6)
PART II
Modification of Part I in relation to domestic arbitration agreement.
85. (1) In the case of a domestic arbitration agreement the provisions of Part I are modified in accordance with the following sections.
(2) For this purpose a "domestic arbitration agreement" means an arbitration agreement to which none of the parties is-
(a) an individual who is a national of, or habitually resident in, a state other than the United Kingdom, or
(b) a body corporate which is incorporated in, or whose central control and management is exercised in, a state other than the United Kingdom, and under which the seat of the arbitration (if the seat has been designated or determined) is in the United Kingdom.
(3) In subsection (2)"arbitration agreement" and "seat of the arbitration" have the same meaning as in Part I (see sections 3, 5(1) and 6).
Staying of legal proceedings
86.(1) In section 9 (stay of legal proceedings), subsection (4) (stay unless the arbitration agreement is null and void, inoperative, or incapable of being performed) does not apply to a domestic arbitration agreement.
(2) On an application under that section in relation to a domestic arbitration agreement the court shall grant a stay unless satisfied-
(a) that the arbitration agreement is null and void, inoperative, or incapable of being performed, or
(b) that there are other sufficient grounds for not requiring the parties to abide by the arbitration agreement.
(3) The court may treat as a sufficient ground under subsection
(2)(b) the fact that the applicant is or was at any material time not ready and willing to do all things necessary for the proper conduct of the arbitration or of any other dispute resolution procedures required to be exhausted before resorting to arbitration.
(4) For the purposes of this section the question whether an arbitration agreement is a domestic arbitration agreement shall be determined by reference to the facts at the time the legal proceedings are commenced.
Effectiveness of agreement to exclude court's jurisdiction
87.(1) In the case of a domestic arbitration agreement any agreement to exclude the jurisdiction of the court under-
(a) section 45 (determination of preliminary point of law), or (b) section 69 (challenging the award: appeal on point of law), is not effective unless entered into after the commencement of the arbitral proceedings in which the question arises or the award is made.
(2)For this purpose the commencement of the arbitral proceedings has the same meaning as in Part I (see section 14).
(3) For the purposes of this section the question whether an arbitration agreement is a domestic arbitration agreement shall be determined by reference to the facts at the time the agreement is entered into.
Power to repeal or amend sections 85 to 87
88.(1) The Secretary of State may by order repeal or amend the provisions of sections 85 to 87.
(2) An order under this section may contain such supplementary, incidental and transitional provisions as appear to the Secretary of State to be appropriate.
(3) An order under this section shall be made by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Consumer arbitration agreements
Application of unfair terms regulations to consumer arbitration Agreements
89.(1) The following sections extend the application of the Unfair Terms in Consumer Contracts Regulations 1994 in relation to a term which constitutes an arbitration agreement.
For this purpose "arbitration agreement" means an agreement to submit to arbitration present or future disputes or differences (whether or not contractual).
(2)In those sections "the Regulations" means those regulations and includes any regulations amending or replacing those regulations.
(3)Those sections apply whatever the law applicable to the arbitration agreement.
Regulations apply where consumer is a legal person
90. The Regulations apply where the consumer is a legal person as they apply where the consumer is a natural person.
Arbitration agreement unfair where modest amount sought
(a) for England and Wales, by the Secretary of State with the concurrence of the Lord Chancellor, (b) for Scotland, by the Secretary of State with the concurrence of the Lord Advocate, and (c) for Northern Ireland, by the Department of Economic Development for Northern Ireland with the concurrence of the Lord Chancellor.
(4) Any such order for England and Wales or Scotland shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Any such order for Northern Ireland shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.Small claims arbitration in the county court Exclusion of Part I in relation to small claims arbitration in the county Court92. Nothing in Part I of this Act applies to arbitration under section 64 of the County Courts Act 1984.
Appointment of judges as arbitrators Appointment of judges as arbitrators
"arbitration agreement" has the same meaning as in Part I; and "official referee" means a person nominated under section 68(1)(a) of the Supreme Court Act 1981 to deal with official referees' business.
(6) The provisions of Part I of this Act apply to arbitration before a person appointed under this section with the modifications specified in Schedule 2.Statutory arbitrations Application of Part I to statutory arbitrations
(a) is inconsistent with the provisions of the enactment concerned, with any rules or procedure authorised or recognised by it, or (b) is excluded by any other enactment.
(3) In this section and the following provisions of this Part "enactment"-(a) in England and Wales, includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978; (b) in Northern Ireland, means a statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954.
General adaptation of provisions in relation to statutory arbitrationsRecognition and enforcement of New York Convention awards New York Convention awards
(a) "arbitration agreement" means an arbitration agreement in writing, and (b) an award shall be treated as made at the seat of the arbitration, regardless of where it was signed, despatched or delivered to any of the parties.
In this subsection "agreement in writing" and "seat of the arbitration" have the same meaning as in Part I. (3) If Her Majesty by Order in Council declares that a state specified in the Order is a party to the New York Convention, or is a party in respect of any territory so specified, the Order shall, while in force, be conclusive evidence of that fact. (4) In this section "the New York Convention" means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration on 10th June 1958. Recognition and enforcement of awards(a) the duly authenticated original award or a duly certified copy of it, and (b) the original arbitration agreement or a duly certified copy of it.
(2) If the award or agreement is in a foreign language, the party must also produce a translation of it certified by an official or sworn translator or by a diplomatic or consular agent. Refusal of recognition or enforcement(a) that a party to the arbitration agreement was (under the law applicable to him) under some incapacity;
(b) that the arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made;(c) that he was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case;
(d) that the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration (but see subsection (4));
(e) that the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country in which the arbitration took place; (f) that the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made. (3) Recognition or enforcement of the award may also be refused if the award is in respect of a matter which is not capable of settlement by arbitration, or if it would be contrary to public policy to recognise or enforce the award. (4) An award which contains decisions on matters not submitted to arbitration may be recognised or enforced to the extent that it contains decisions on matters submitted to arbitration which can be separated from those on matters not so submitted. (5) Where an application for the setting aside or suspension of the award has been made to such a competent authority as is mentioned in subsection (2)(f), the court before which the award is sought to be relied upon may, if it considers it proper, adjourn the decision on the recognition or enforcement of the award. It may also on the application of the party claiming recognition or enforcement of the award order the other party to give suitable security. Saving for other bases of recognition or enforcement(a) may differentiate between categories of proceedings by reference to such criteria as the Lord Chancellor sees fit to specify, and
(b) may make such incidental or transitional provision as the Lord Chancellor considers necessary or expedient. (5) An order under this section for England and Wales shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) An order under this section for Northern Ireland shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 which shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly. Crown application(a) where the agreement was entered into by Her Majesty in right of the Duchy of Lancaster, by the Chancellor of the Duchy or such person as he may appoint, and (b) in any other case, by such person as Her Majesty may appoint in writing under the Royal Sign Manual.
(3) Where the Duke of Cornwall is party to an arbitration agreement, he shall be represented for the purposes of any arbitral proceedings by such person as he may appoint. (4) References in Part I to a party or the parties to the arbitration agreement or to arbitral proceedings shall be construed, where subsection (2) or (3) applies, as references to the person representing Her Majesty or the Duke of Cornwall. Consequential amendments and repealssection 92 (exclusion of Part I in relation to small claims arbitration in the county court), and section 93 and Schedule 2 (appointment of judges as arbitrators).
(3) Sections 89, 90 and 91 (consumer arbitration agreements) extend to Scotland and the provisions of Schedules 3 and 4 (consequential amendments and repeals) extend to Scotland so far as they relate to enactments which so extend, subject as follows. (4) The repeal of the Arbitration Act 1975 extends only to England and Wales and Northern Ireland. Commencementsections 67 and 68 challenging the award: substantive jurisdiction and serious irregularity, and sections 70 and 71 (supplementary provisions; effect of order of court) so far as relating to those sections;
section 72 saving for rights of person who takes no part in proceedings; section 73 loss of right to object; section 74 immunity of arbitral institutions; section 75 charge to secure payment of solicitors' costs.
MODIFICATIONS OF PART I IN RELATION TO JUDGE-ARBITRATORS
Introductory
General
(2) The references in sections 32(6), 45(6) and 69(8) to the Court of Appeal shall in such a case be construed as references to the House of Lords.
Arbitrator's fees
(2) Any such exercise of the power is subject to the powers of the Court of Appeal under sections 24(4) and 25(3)(b) (directions as to entitlement to fees or expenses in case of removal or resignation).
Exercise of court powers in support of arbitration
(2) Anything done by a judge-arbitrator in the exercise of those powers shall be regarded as done by him in his capacity as judge of the High Court and have effect as if done by that court.
Nothing in this sub-paragraph prejudices any power vested in him as arbitrator or umpire.
Extension of time for making award
(2) Any appeal from a decision of a judge-arbitrator under that section lies to the Court of Appeal with the leave of that court.
Withholding award in case of non-payment
(2) This does not affect the application of section 56 in relation to the delivery of such an award by an arbitral or other institution or person vested by the parties with powers in relation to the delivery of the award.
(2) The judge-arbitrator may, on an application by a party to the arbitral proceedings, order that if he pays into the High Court the fees and expenses demanded, or such lesser amount as the judge-arbitrator may specify-
(a) the award shall be delivered, (b) the amount of the fees and expenses properly payable shall be determined by such means and upon such terms as he may direct, and (c) out of the money paid into court there shall be paid out such fees and expenses as may be found to be properly payable and the balance of the money (if any) shall be paid out to the applicant.
(3) For this purpose the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 28 or any agreement relating to the payment of the arbitrator. (4) No application to the judge-arbitrator under this paragraph may be made where there is any available arbitral process for appeal or review of the amount of the fees or expenses demanded. (5) Any appeal from a decision of a judge-arbitrator under this paragraph lies to the Court of Appeal with the leave of that court. (6) Where a party to arbitral proceedings appeals under sub-paragraph (5), an arbitrator is entitled to appear and be heard.Correction of award or additional award
Costs
10. (1) The power of the court under section 64 to determine an arbitrator's reasonable fees and expenses may be exercised by a judge-arbitrator.
(2) Any such exercise of the power is subject to the powers of the Court of Appeal under sections 24(4) and 25(3)(b) (directions as to entitlement to fees or expenses in case of removal or resignation).
Enforcement of award
Solicitors' costs
Powers of court in relation to service of documents
Powers of court to extend time limits relating to arbitral proceedings 14. (1) The power conferred by section 79 (power of court to extend time limits relating to arbitral proceedings) is exercisable by the judge-arbitrator himself. (2) Any appeal from a decision of a judge-arbitrator under that section lies to the Court of Appeal with the leave of that court.
SCHEDULE 2
MODIFICATIONS OF PART I IN RELATION TO JUDGE-ARBITRATORS Introductory
General
(2) The references in sections 32(6), 45(6) and 69(8) to the Court of Appeal shall in such a case be construed as references to the House of Lords.
Arbitrator's fees
Exercise of court powers in support of arbitration
Extension of time for making award
Withholding award in case of non-payment
(b) the amount of the fees and expenses properly payable shall be determined by such means and upon such terms as he may direct, and
(c) out of the money paid into court there shall be paid out such fees and expenses as may be found to be properly payable and the balance of the money (if any) shall be paid out to the applicant. (3) For this purpose the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 28 or any agreement relating to the payment of the arbitrator. (4) No application to the judge-arbitrator under this paragraph may be made where there is any available arbitral process for appeal or review of the amount of the fees or expenses demanded. (5) Any appeal from a decision of a judge-arbitrator under this paragraph lies to the Court of Appeal with the leave of that court. (6) Where a party to arbitral proceedings appeals under sub-paragraph (5), an arbitrator is entitled to appear and be heard.
Correction of award or additional award
Costs
(2) Any such exercise of the power is subject to the powers of the Court of Appeal under sections 24(4) and 25(3)(b) (directions as to entitlement to fees or expenses in case of removal or resignation).
Enforcement of award
Solicitors' costs
Powers of court in relation to service of documents
Powers of court to extend time limits relating to arbitral proceedings