ABSTRACT

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 Appointment of Judges as Arbitrators

93. Appointment of judges as arbitrators Statutory Arbitration

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 Awards

99. Continuation of Part II of the Arbitration Act 1950 Recognition and Enforcement of New York Convention Awards

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-Modification of Part I in relation to judge-arbitrators Schedule 3-Consequential amendments Schedule 4-Repeals

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-

(a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense;

(b) the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest;

(c) in matters governed by this Part the court should not intervene except as provided by this Part.