England and Wales - Appendix Legislation - World Arbitration Reporter, Second Edition
Originally from World Arbitration Reporter (WAR) - 2nd Edition
Arbitration Act 1950
Arbitration (International Investment Disputes) Act 1966
Arbitration Act 1996
High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996, SI 1996/3215
Unfair Arbitration Agreements (Specified Amount) Order 1999, SI 1999/2167
ENGLAND AND WALES
ARBITRATION ACT 1996
TABLE OF CONTENTS
Part I-- Arbitration Pursuant to an Arbitration Agreement
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.
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.
46. Rules applicable to substance of dispute.
47. Awards on different issues, &c.
50. Extension of time for making award.
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.
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.
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
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.
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 19501950.
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.
110. Short title.