ABSTRACT
Stay of legal proceedings 196 9 Stay of legal proceedings. 196 10 Reference of interpleader issue to arbitration. 197 11 Retention of security where Admiralty proceedings stayed. 197
Commencement of arbitral proceedings 197 12 Power of court to extend time for beginning arbitral proceedings, etc. 197 13 Application of Limitation Acts. 198 14 Commencement of arbitral proceedings. 198
The arbitral tribunal 199 15 The arbitral tribunal. 199 16 Procedure for appointment of arbitrators. 199 17 Power in case of default to appoint sole arbitrator. 200 18 Failure of appointment procedure. 200 19 Court to have regard to agreed qualifi cations. 200 20 Chairman. 201 21 Umpire. 201 22 Decision-making where no chairman or umpire. 201 23 Revocation of arbitrator’s authority. 201 24 Power of court to remove arbitrator. 202 25 Resignation of arbitrator. 202 26 Death of arbitrator or person appointing him. 203 27 Filling of vacancy, etc. 203 28 Joint and several liability of parties to arbitrators for fees and expenses. 203 29 Immunity of arbitrator. 204
Jurisdiction of the arbitral tribunal 204 30 Competence of tribunal to rule on its own jurisdiction. 204 31 Objection to substantive jurisdiction of tribunal. 204 32 Determination of preliminary point of jurisdiction. 205
The arbitral proceedings 205 33 General duty of the tribunal. 205 34 Procedural and evidential matters. 206 35 Consolidation of proceedings and concurrent hearings. 206 36 Legal or other representation. 206 37 Power to appoint experts, legal advisers or assessors. 206 38 General powers exercisable by the tribunal. 207 39 Power to make provisional awards. 207 40 General duty of parties. 207 41 Powers of tribunal in case of party’s default. 208
Powers of court in relation to arbitral proceedings 208 42 Enforcement of peremptory orders of tribunal. 208 43 Securing the attendance of witnesses. 209 44 Court powers exercisable in support of arbitral proceedings. 209 45 Determination of preliminary point of law. 210
The award 210 46 Rules applicable to substance of dispute. 210 47 Awards on different issues, etc. 211 48 Remedies. 211 49 Interest. 211 50 Extension of time for making award. 212 51 Settlement. 212 52 Form of award. 212 53 Place where award treated as made. 212
54 Date of award. 213 55 Notifi cation of award. 213 56 Power to withhold award in case of non-payment. 213 57 Correction of award or additional award. 214 58 Effect of award. 214
Costs of the arbitration 214 59 Costs of the arbitration. 214 60 Agreement to pay costs in any event. 214 61 Award of costs. 215 62 Effect of agreement or award about costs. 215 63 The recoverable costs of the arbitration. 215 64 Recoverable fees and expenses of arbitrators. 215 65 Power to limit recoverable costs. 216
Powers of the court in relation to award 216 66 Enforcement of the award. 216 67 Challenging the award: substantive jurisdiction. 216 68 Challenging the award: serious irregularity. 217 69 Appeal on point of law. 217 70 Challenge or appeal: supplementary provisions. 218 71 Challenge or appeal: effect of order of court. 219
Miscellaneous 219 72 Saving for rights of person who takes no part in proceedings. 219 73 Loss of right to object. 220 74 Immunity of arbitral institutions, etc. 220 75 Charge to secure payment of solicitors’ costs. 220
Supplementary 221 76 Service of notices, etc. 221 77 Powers of court in relation to service of documents. 221 78 Reckoning periods of time. 221 79 Power of court to extend time limits relating to arbitral proceedings. 222 80 Notice and other requirements in connection with legal proceedings. 222 81 Saving for certain matters governed by common law. 223 82 Minor defi nitions. 223 83 Index of defi ned expressions: Part I. 224
P art II Other Provisions Relating to Arbitration 225
Domestic arbitration agreements 225 85 Modifi cation of Part I in relation to domestic arbitration agreement. 225 86 Staying of legal proceedings. 225 87 Effectiveness of agreement to exclude court’s jurisdiction. 225
Appointment of judges as arbitrators 226 93 Appointment of judges as arbitrators. 226
Statutory arbitrations 226 94 Application of Part I to statutory arbitrations. 226 95 General adaptation of provisions in relation to statutory arbitrations. 226 96 Specifi c adaptations of provisions in relation to statutory arbitrations. 227 97 Provisions excluded from applying to statutory arbitrations. 227
P art III Recognition and Enforcement of Certain Foreign Awards 227
Enforcement of Geneva Convention awards 227 99 Continuation of Part II of the Arbitration Act 1950. 227
Recognition and enforcement of New York Convention awards 227 100 New York Convention awards. 227 101 Recognition and enforcement of awards. 228 102 Evidence to be produced by party seeking recognition or enforcement. 228 103 Refusal of recognition or enforcement. 228 104 Saving for other bases of recognition or enforcement. 229
P art IV General Provisions 229
106 Crown application. 229
S chedules
Schedule 1 – Mandatory provisions of Part I. 230
Schedule 2 – Modifi cations of Part I in relation to judge-arbitrators. 230
PART I ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT
Introductory
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.
