ABSTRACT
This chapter provides updated section-by-section commentary on the Arbitration Act 1996. It offers other provisions relating to the Arbitration Act 1996. 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. This section (along with sections 85 and 87) has not been brought into force, and, although scheduled for repeal, it is likely to remain included in the statute but ignored for all purposes. In the case of a domestic arbitration agreement any agreement to exclude the jurisdiction of the court under — section 45 (determination of preliminary point of law), or 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.
