Arbitration Act 1996

Total Page:16

File Type:pdf, Size:1020Kb

Arbitration Act 1996 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Arbitration Act 1996. (See end of Document for details) Arbitration Act 1996 1996 CHAPTER 23 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:— Extent Information E1 This Act extends to England, Wales and Northern Ireland; for exceptions see s.108 Modifications etc. (not altering text) C1 Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3)) C2 Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2) Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I. 1998/1658, art. 2(1), Sch. 1 Act excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3 Act excluded (31.3.2002) by The Dairy Produce Quotas Regulations 2002 (S.I. 2002/457), regs. 2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34 Act excluded (31.3.2002) by The Dairy Produce Quotas (Wales) Regulations 2002 (S.I. 2002/897), regs. 2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34 C3 Power to apply conferred (11.9.1996 for certain purposes and otherwise 1.5.1998) by 1996 c. 53, s. 108(6); S.I. 1996/2352, art. 2(2); S. I. 1998/650, art. 2 C4 Act applied (E.) (4.7.2002) by Vehicular Access Across Common and Other Land (England) Regulations 2002 (S.I. 2002/1711), regs. 1, 12(3)(b) C5 Act applied (W.) (9.2.2004) by The Vehicular Access Across Common and Other Land (Wales) Regulations 2004 (S.I. 2004/248), regs. 1, 12(3)(b) C6 Act excluded (31.3.2005) by The Dairy Produce Quotas Regulations 2005 (S.I. 2005/465), regs. 10(2), 11, 12(3), 39(4), Sch. 1 para. 34 2 Arbitration Act 1996 (c. 23) Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2021-01-27 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Arbitration Act 1996. (See end of Document for details) C7 Act excluded (W.) (31.3.2005) by The Dairy Produce Quotas (Wales) Regulations 2005 (S.I. 2005/537), regs. 10(2), 11, 12(3), 39(4), Sch. 1 para. 34 C8 Act applied (W.) (13.1.2006) by The Tir Cynnal (Wales) Regulations 2006 (S.I. 2006/41), reg. 13(3) C9 Act applied (E.W.) (10.11.2008) by The Land Registration Rules 2003 (S.I. 2003/1417), rule 194A(4) (b) (as inserted by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 4(1), Sch. 1 para. 61) C10 Act applied (E.W.) (10.11.2008) by The Land Registration Rules 2003 (S.I. 2003/1417), rule 194C(3) (b) (as inserted by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 4(1), Sch. 1 para. 61) C11 Act: functions transferred (N.I.) (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 13 (with arts. 28-31) C12 Act applied (N.I.) (14.2.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016 (S.R. 2016/5), reg. 28(7) C13 Act applied (E.W.) (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), Sch. 10 para. 21(7) (with arts. 35, 36) C14 Act applied (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), Sch. 1 para. 13(2)(a) (with reg. 1(c), Sch. 1 paras. 16, 17) C15 Act applied (20.5.2018) by The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), Sch. 1 para. 13(2)(a) (with reg. 1(c), Sch. 1 paras. 16, 17) C16 Act applied (21.9.2018) by The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018 (S.I. 2018/764), Sch. 1 para. 13(2)(a) (with reg. 1(c)) C17 Act applied (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 4 para. 13(2)(a) (with Sch. 4 paras. 16, 17) PART I ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT Modifications etc. (not altering text) C18 Pt. 1 excluded (E.W.) (1.11.1996) by 1996 c. 56, s. 336(4), 476(4), 582(4), Sch. 40, para. 4 (with s. 1(4)) Pt. 1 excluded (31.1.1997) by 1988 c. 8, s. 6 (as substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 49; S.I. 1996/3146, art. 3 (with art. 4, Sch. 2)) Pt. 1 excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3 C19 Pt. 1 (ss. 1-84) excluded (E.W.) by 1998 c. 14, s. 16(9) (which is in force: at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.; at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with transitional provisions in Sch. 12, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (subject to transitional provisions in Sch. 14, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (subject to transitional provisions in Sch. 2); at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in s. 5 and Schs. 21-23) C20 Pt. 1 (ss. 1-84) excluded by S.I. 1998/1506 (N.I. 10), art. 16(9) (which is in force: at 10.3.1999 for specified purposes by S.R. 1999/102, art. 2(a), Sch. Pt. 1; at 5.7.1999 for specified purposes by S.R. 1999/310, art. 2(1)(b), Sch. 1; at 6.9.1999 for specified purposes by S.R. 1999/371, art. 2(b), Sch. 1; at 5.10.1999 for specified purposes by S.R. 1999/407, art. 2(b), Sch.; at 18.10.1999 for specified Arbitration Act 1996 (c. 23) 3 Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2021-01-27 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Arbitration Act 1996. (See end of Document for details) purposes by S.R. 1999/428, art. 2(b), Sch. 1; at 29.11.1999 for specified purposes by S.R. 1999/472, art. 2(1), Sch. 1) C21 Pt. 1 excluded (E.W.) (1.9.2000) by 1999 c. 14, s. 9(4); S.I. 2000/2337, art. 2(1)(e) Pt. 1 excluded (prosp.) by 1999 c. 14, ss. 9(4), 14(2) Pt. 1 excluded (N.I.) (22.11.2000 for specified purposes and otherwise 2.7.2001) by 2000 c. 4, ss. 59, 68, Sch. 7 para. 10 (with s. 66(6)); S.R. 2000/358, art. 2, Sch. Pt. 2; S.R. 2001/141, art 2(1)(c), Sch. Pt. 1 excluded (E.W.) (2.7.2001) by 2000 c. 19, s. 68, Sch. 7 para. 10(8) (with s. 83(6)); S.I. 2001/1252, art. 2(2)(a)(i) C22 Pt. 1: specified provisions applied (with modifications) (N.I.) (28.4.2002) by Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002 (S.R. 2002/120), art. 3, Sch. C23 Pt. 1 excluded (22.2.2005 for specified purposes and otherwise 6.4.2005) by Pensions Appeal Tribunals Act 1943 (c. 39), s. 6D(8) (as inserted by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 5, 8, Sch. 1 para. 4); S.I. 2005/356, art. 2, {Sch. 1, 2} C24 Pt. 1 excluded (N.I.) (1.3.2005 for specified purposes and otherwise 1.4.2005) by Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)), art. 44(4); S.R. 2005/44, arts. 2, 3, Schs. 1, 2 (subject to arts.
Recommended publications
  • Arbitration Act 1996
    Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Arbitration Act 1996. (See end of Document for details) Arbitration Act 1996 1996 CHAPTER 23 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:— Extent Information E1 This Act extends to England, Wales and Northern Ireland; for exceptions see s.108 Modifications etc. (not altering text) C1 Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3)) C2 Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2) Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I. 1998/1658, art. 2(1), Sch. 1 Act excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3 Act excluded (31.3.2002) by The Dairy Produce Quotas Regulations 2002 (S.I.
    [Show full text]
  • Arbitration Procedures and Practice in the UK (England and Wales): Overview by Justin Williams, Hamish Lal and Richard Hornshaw, Akin Gump LLP
    Arbitration procedures and practice in the UK (England..., Practical Law Country... Arbitration procedures and practice in the UK (England and Wales): overview by Justin Williams, Hamish Lal and Richard Hornshaw, Akin Gump LLP Country Q&A | Law stated as at 01-Dec-2018 | England, Wales A Q&A guide to arbitration law and practice in the UK (England and Wales). The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A Tool. This Q&A is part of the global guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration- guide. Use of arbitration and recent trends 1. How is commercial arbitration used and what are the recent trends? Use of commercial arbitration and recent trends Commercial arbitration remains the preferred dispute resolution procedure for international transactions. The full implications of Brexit for arbitration in the UK are being closely monitored by practitioners, but it does not appear to have had any immediate impact. In fact, Queen Mary University of London's 2018 International Arbitration Survey (Survey) has reported a predominant view that the use of London as a seat is unlikely to be affected. This is unsurprising, given that the primary attractions of London should remain the same, namely the reliability of the neutrality and impartiality of the English judiciary; the support for the arbitral process offered by English courts and the Arbitration Act 1996; and the UK's position as a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention).
    [Show full text]
  • 17Th ANNUAL REVIEW of the ARBITRATION ACT 1996 BIICL and SIMMONS & SIMMONS CONFERENCE on 26/3/2019
    17th ANNUAL REVIEW OF THE ARBITRATION ACT 1996 BIICL AND SIMMONS & SIMMONS CONFERENCE ON 26/3/2019 “THE INTERPLAY BETWEEN JUDGES AND ARBITRATORS” KEYNOTE LECTURE BY SIR RUPERT JACKSON 1. INTRODUCTION 1.1 This conference. This is a timely conference. The importance of international arbitration to successful international trade has been reaffirmed by the Supreme Court in Taurus Petroleum Ltd v State Oil Marketing Co [2017] UKSC 64 at [54]. London is a major centre of international arbitration, supported by the Commercial Court within the framework of the Arbitration Act 1996 (‘the 1996 Act’). The present conference will focus on recent developments in arbitration law, with particular reference to challenges under ss. 67 and 68 of the 1996 Act. 1.2 This lecture. In this lecture I will go off piste for a few minutes to talk about s.45 of the 1996 Act, before turning to the core issues under discussion today. 2. SECTION 45 OF THE 1996 ACT AND THE RELATIONSHIP BETWEEN THE COURTS AND ARBITRATORS 2.1 Section 45. The recent Commercial Court decision Goodwood Investments Holdings Inc v Thyssenkrupp Industrial Solutions AG [2018] EWHC 1056 (Comm) has focused attention on a little used provision of the Arbitration Act 1996, namely s. 45. That section provides: “(1)Unless otherwise agreed by the parties, the court may on the application of a party to arbitral proceedings (upon notice to the other parties) determine any question of law arising in the course of the proceedings which the court is satisfied substantially affects the rights of one or more of the parties.
    [Show full text]
  • Litigation & Dispute Resolution
    Litigation & Dispute Resolution 2018 Seventh Edition Contributing Editor: Michael Madden GLOBAL LEGAL INSIGHTS – LITIGATION & DISPUTE RESOLUTION 2018, SEVENTH EDITION Contributing Editor Michael Madden Production Editor Andrew Schofi eld Senior Editors Suzie Levy Caroline Collingwood Group Consulting Editor Alan Falach Publisher Rory Smith We are extremely grateful for all contributions to this edition. Special thanks are reserved for Michael Madden for all his assistance. Published by Global Legal Group Ltd. 59 Tanner Street, London SE1 3PL, United Kingdom Tel: +44 207 367 0720 / URL: www.glgroup.co.uk Copyright © 2018 Global Legal Group Ltd. All rights reserved No photocopying ISBN 978-1-912509-29-4 ISSN 2049-3126 This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualifi ed professional when dealing with specifi c situations. The information contained herein is accurate as of the date of publication. Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY August 2018 CONTENTS Preface Michael Madden, Winston & Strawn London LLP Australia Colin Loveday, Richard Abraham & Sheena McKie, Clayton Utz 1 Bermuda David Kessaram, Matthew Watson & Sam Riihiluoma, Cox Hallett Wilkinson Limited 14 Brazil Eduardo Perazza & Ariana Anfe, Machado, Meyer, Sendacz & Opice Advogados 25 British Virgin Islands Scott Cruickshank & Matthew Freeman, Lennox Paton 32 Cayman Islands Ian Huskisson, Anna Peccarino & Neil McLarnon, Travers Thorp Alberga 47 China Cui Qiang & Li Qishi, Commerce & Finance Law Offi ces 55 England & Wales Michael Madden & Justin McClelland, Winston & Strawn London LLP 62 Finland Markus Kokko & Niki J.
    [Show full text]
  • Arbitration Act 1996 Is up to Date with All Changes Known to Be in Force on Or Before 15 April 2019
    Status: This version of this Act contains provisions that are prospective. Changes to legislation: Arbitration Act 1996 is up to date with all changes known to be in force on or before 15 April 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) Arbitration Act 1996 1996 CHAPTER 23 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:— Annotations: Extent Information E1 This Act extends to England, Wales and Northern Ireland; for exceptions see s.108 Modifications etc. (not altering text) C1 Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3)) C2 Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2) Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I.
    [Show full text]
  • Judicial Control of Arbitral Awards in the United Kingdom
    23 Judicial Control of Arbitral Awards in the United Kingdom Andrew Tetley* 1introduction This book provides a forum for discussion of current issues and debates in international arbitration, covering the independence and impartiality of arbitrators; how conflicting interests may affect the conduct of arbitrators; the enforcement of arbitral awards, principally under grounds of procedural irregularity; how to resolve issues of misconduct by arbitrators during proceedings; and the current judicial interpretation of arbitration clauses. In England, the key legislation which governs these issues is contained in the Arbitration Act 1996 (the Arbitration Act). Also influential in shaping these issues are the procedural rules of specific arbitral insti- tutions, and the guidance published by organisations such as the International Bar Association (the IBA). 2 vacating commercial arbitration awards 2.1 Independence and Impartiality of International Arbitrators It is of fundamental importance that international arbitrators are both independent and impar- tial. It is a human right that ‘everyone is entitled to a fair and public hearing within a reasonable 1 time by an independent and impartial tribunal established by law’. Arbitration, although not entirely compatible with such description, is a consensual process which has been held to fall 2 within this right. All arbitral tribunals have a duty to act fairly and impartially between the 3 parties while conducting the arbitration proceedings and while exercising any of its powers 4 including in relation to procedure and evidence. 5 Independence is easier to demonstrate than impartiality. There are typically objective indicators of proximity or reliance by an arbitrator on a particular party or group.
    [Show full text]
  • The Commonwealth Secretariat Arbitral Tribunal: the Evolution and Explanation of Changes to the Tribunal’S Statute
    Chapter 10 The Commonwealth Secretariat Arbitral Tribunal: The Evolution and Explanation of Changes to the Tribunal’s Statute Alice Lacourt* Abstract This chapter seeks to interrogate the rationale for the establishment of the Common- wealth Secretariat Arbitral Tribunal (csat) and examine how the Statute creating the Tribunal has evolved. Several applicants in the early cases before csat brought parallel litigation before the domestic courts of the United Kingdom. Arguments based on lo- cal law acted as a counterpoint to developments in the case law and Statute of csat. The resulting csat decisions delineated key principles on human rights and access to justice, which are still relevant today. csat—and the nature of the applications before it—continues to evolve, and this chapter concludes by identifying some lessons learned so far and what to expect going forward. 1 Introduction This chapter is divided into six sections. In this first section, the domestic law framework of the Commonwealth Secretariat is considered, together with identifying the present-day principle features of the Commonwealth Secre- tariat Arbitral Tribunal (csat), as well as the wider context. Sections 2 and 3 provide a brief history of the Commonwealth Secretariat and overview of its organizational structure and governance, respectively. Section 4 examines how employment-related disputes were initially resolved at the Common- wealth Secretariat and the factors that led up to and informed the establish- ment of csat. Section 5 then analyses how the early cases before the Tribunal in fact shaped csat, together with the evolving roles of the Board of Governors * Alice Lacourt, Legal Counsel, Commonwealth Secretariat, [email protected].
    [Show full text]
  • Arbitration Act 1996
    Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Arbitration Act 1996. (See end of Document for details) Arbitration Act 1996 1996 CHAPTER 23 E+W+N.I. 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:— Extent Information E1 This Act extends to England, Wales and Northern Ireland; for exceptions see s.108 Modifications etc. (not altering text) C1 Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3)) C2 Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2) Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I. 1998/1658, art. 2(1), Sch. 1 Act excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3 Act excluded (31.3.2002) by The Dairy Produce Quotas Regulations 2002 (S.I.
    [Show full text]
  • Arbitration-Procedures-And-Practice
    Country Q&A GLOBAL GUIDE 2015/16 ARBITRATION Arbitration procedures and practice in the UK (England and Wales): overview Marie Berard and Anna Kirkpatrick Clifford Chance LLP global.practicallaw.com/4-502-1378 USE OF ARBITRATION AND RECENT TRENDS Arbitration therefore has the potential for confidentiality. However, there are many exceptions to this principle of confidentiality in arbitration in English law and if confidentiality 1. How is commercial arbitration used and what are the is important to a party, it must provide for it in the arbitration recent trends? agreement. Arbitration also has the potential to be more flexible than litigation. For example, parties can appoint arbitrators who are experts in a specialist field and tailor the Use of commercial arbitration procedure to suit the needs of their particular case. Some Parties from all over the world, often with no connection to parties value the finality of an arbitral award. Awards are less England and Wales, select London as the seat of their likely to be appealed than judgments and certain rights of arbitrations. Parties domiciled in the jurisdiction frequently appeal can be excluded by agreement. select international arbitration for the resolution of cross-border disputes and choose London as the seat. However, arbitration is not ideal in all circumstances. Unless the parties expressly agree otherwise, the tribunal cannot A wide range of contractual and non-contractual claim s can be generally compel a third party to join an arbitration. It also referred to arbitration in this jurisdiction. This includes disputes cannot consolidate a number of related arbitrations in order to involving intellectual property rights, competition disputes and bring them before one tribunal.
    [Show full text]
  • Arbitration Act 1996
    Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Arbitration Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Arbitration Act 1996 1996 CHAPTER 23 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:— Annotations: Extent Information E1 This Act extends to England, Wales and Northern Ireland; for exceptions see s.108 Modifications etc. (not altering text) C1 Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3)) C2 Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2) Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I. 1998/1658, art. 2(1), Sch. 1 Act excluded (N.I.) (1.3.1999) by S.I.
    [Show full text]
  • Arbitration Act 1950
    Changes to legislation: There are currently no known outstanding effects for the Arbitration Act 1950. (See end of Document for details) Arbitration Act 1950 1950 CHAPTER 27 14 Geo 6 An Act to consolidate the Arbitration Acts, 1889 to 1934. [28th July 1950] F1 PART I GENERAL PROVISIONS AS TO ARBITRATION Textual Amendments F1 Pt. I (ss. 1-34) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch.4; S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2) Modifications etc. (not altering text) C1 Pt. I modified by Administration of Justice Act 1970 (c. 31, SIF 37), s. 4, Sch. 3; excluded by Employment Protection Act 1975 (c. 71), ss. 1, 3(5), Sch. 1 Pt. II para. 26 C2 Pt. I (ss. 1–34) excluded by Arbitration Act 1979 (c. 42, SIF 5), s. 7(3) C3 Pt. I (ss. 1-34) excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 212(5), 302. Pt. I (ss. 1-34) excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 263(6), 302. Effect of Arbitration Agreements, & 2 Arbitration Act 1950 (c. 27) Part I – General Provisions as to Arbitration Document Generated: 2021-03-26 Changes to legislation: There are currently no known outstanding effects for the Arbitration Act 1950. (See end of Document for details) Arbitrators and Umpires Conduct of Proceedings, Witnesses, &c. Provisions as to Awards Costs, Fees and Interest Special Cases, Remission and Setting aside of Awards, &c.
    [Show full text]
  • 1 Eastern Caribbean Supreme Court in the Court Of
    EASTERN CARIBBEAN SUPREME COURT IN THE COURT OF APPEAL SAINT CHRISTOPHER AND NEVIS SKBHCVAP2016/0015 BETWEEN: SOUTH EAST ASIA ENERGY HOLDING AG Appellant and HYCARBEX-AMERICAN ENERGY INC Respondent Before: The Hon. Mr. Davidson Kelvin Baptiste Justice of Appeal The Hon. Mde. Louise Esther Blenman Justice of Appeal The Hon. Mr. Paul Webster Justice of Appeal [Ag.] Appearances: Ms. Dia Forrester and Mr. Jomokie Phillips for the Appellant Ms. Midge Morton and Ms. Maurisha Robinson for the Respondent ____________________________ 2017: March 15; December 4. ___________________________ Interlocutory proceedings – Application for stay of proceedings – Application made pursuant to incorrect civil procedure rule – Whether learned master erred in considering application against rule 9.7 of the Civil Procedure Rules 2000 (“CPR”) where application was made pursuant to CPR 9.7A – Stay granted based on forum non conveniens but issue of forum non conveniens not pleaded or raised in submissions – Whether master erred in exercise of her discretion by ordering stay on that basis – Stay granted based alternatively on arbitration clause in loan agreement – Whether master erred in so ordering South East Asia Energy Holding AG (“South East Asia”), Hycarbex-American Energy Inc (“Hycarbex”) and Hycarbex Asia Pte Ltd are parties to a loan agreement dated 13th April 2012 (“Loan Agreement”). Articles 2.1 to 3.4 set out the subject matter of the Loan Agreement and the security for the obligations of that agreement. Article 14.1 sets out the governing law, being the laws of Pakistan and the arbitration clause for dealing with disputes. Hycarbex is alleged to have breached the Loan Agreement having failed to repay the debt owed and or assign the concession interests as per the terms of the Loan 1 Agreement.
    [Show full text]