Lex Mercatoria



  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Arbitration Act 1996 (of England) - 1996 CHAPTER 23 [17th June 1996]




Section 1. - General principles.

Section 2. - Scope of application of provisions.

Section 3. - The seat of the arbitration.

Section 4. - Mandatory and non-mandatory provisions.

Section 5. - Agreements to be in writing.

Definition of arbitration agreement.

Section 6. - The arbitration agreement

Section 7. - Separability of arbitration agreement.

Section 8. - Whether agreement discharged by death of a party.

Stay of legal proceedings.

Section 9. - Stay of legal proceedings

Section 10. - Reference of interpleader issue to arbitration.

Section 11. - Retention of security where Admiralty proceedings stayed.

Commencement of arbitral proceedings

Section 12. - Power of court to extend time for beginning arbitral proceedings, &c.

Section 13. - Application of Limitation Acts.

Section 14. - Commencement of arbitral proceedings.

The arbitral tribunal

Section 15. - The arbitral tribunal.

Section 16. - Procedure for appointment of arbitrators.

Section 17. - Power in case of default to appoint sole arbitrator.

Section 18. - Failure of appointment procedure.

Section 19. - Court to have regard to agreed qualifications.

Section 20. - Chairman.

Section 21. - Umpire.

Section 22. - Decision-making where no chairman or umpire.

Section 23. - Revocation of arbitrator's authority.

Section 24. - Power of court to remove arbitrator.

Section 25. - Resignation of arbitrator.

Section 26. - Death of arbitrator or person appointing him.

Section 27. - Filling of vacancy, &c.

Section 28. - Joint and several liability of parties to arbitrators for fees and expenses.

Section 29. - Immunity of arbitrator.

Jurisdiction of the arbitral tribunal

Section 30. - Competence of tribunal to rule on its own jurisdiction.

Section 31. - Objection to substantive jurisdiction of tribunal.

Section 32. - Determination of preliminary point of jurisdiction.

The arbitral proceedings

Section 33. - General duty of the tribunal.

Section 34. - Procedural and evidential matters.

Section 35. - Consolidation of proceedings and concurrent hearings.

Section 36. - Legal or other representation.

Section 37. - Power to appoint experts, legal advisers or assessors.

Section 38. - General powers exercisable by the tribunal.

Section 39. - Power to make provisional awards.

Section 40. - General duty of parties.

Section 41. - Powers of tribunal in case of party's default.

Powers of court in relation to arbitral proceedings

Section 42. - Enforcement of peremptory orders of tribunal.

Section 43. - Securing the attendance of witnesses.

Section 44. - Court powers exercisable in support of arbitral proceedings.

Section 45. - Determination of preliminary point of law.

The award

Section 46. - Rules applicable to substance of dispute.

Section 47. - Awards on different issues, &c.

Section 48. - Remedies.

Section 49. - Interest.

Section 50. - Extension of time for making award.

Section 51. - Settlement.

Section 52. - Form of award.

Section 53. - Place where award treated as made.

Section 54. - Date of award.

Section 55. - Notification of award.

Section 56. - Power to withhold award in case of non-payment.

Section 57. - Correction of award or additional award.

Section 58. - Effect of award.

Costs of the arbitration

Section 59. - Costs of the arbitration.

Section 60. - Agreement to pay costs in any event.

Section 61. - Award of costs.

Section 62. - Effect of agreement or award about costs.

Section 63. - The recoverable costs of the arbitration.

Section 64. - Recoverable fees and expenses of arbitrators.

Section 65. - Power to limit recoverable costs.

Powers of the court in relation to award

Section 66. - Enforcement of the award.

Section 67. - Challenging the award: substantive jurisdiction.

Section 68. - Challenging the award: serious irregularity.

Section 69. - Appeal on point of law.

Section 70. - Challenge or appeal: supplementary provisions.

Section 71. - Challenge or appeal: effect of order of court.


Section 72. - Saving for rights of person who takes no part in proceedings.

Section 73. - Loss of right to object.

Section 74. - Immunity of arbitral institutions, &c.

Section 75. - Charge to secure payment of solicitors' costs.


Section 76. - Service of notices, &c.

Section 77. - Powers of court in relation to service of documents.

Section 78. - Reckoning periods of time.

Section 79. - Power of court to extend time limits relating to arbitral proceedings.

Section 80. - Notice and other requirements in connection with legal proceedings.

Section 81. - Saving for certain matters governed by common law.

Section 82. - Minor definitions.

Section 83. - Index of defined expressions: Part I.

Section 84. - Transitional provisions.


Domestic arbitration agreements

Section 85. - Modification of Part I in relation to domestic arbitration agreement.

Section 86. - Staying of legal proceedings.

Section 87. - Effectiveness of agreement to exclude court's jurisdiction.

Section 88. - Power to repeal or amend sections 85 to 87.

Consumer arbitration agreements

Section 89. - Application of unfair terms regulations to consumer arbitration agreements.

Section 90. - Regulations apply where consumer is a legal person.

Section 91. - Arbitration agreement unfair where modest amount sought.

Small claims arbitration in the county court

Section 92. - Exclusion of Part I in relation to small claims arbitration in the county court.

Section 93. - Appointment of judges as arbitratorsAppointment of judges as arbitrators.

Statutory arbitrations

Section 94. - Application of Part I to statutory arbitrations.

Section 95. - General adaptation of provisions in relation to statutory arbitrations.

Section 96. - Specific adaptations of provisions in relation to statutory arbitrations.

Section 97. - Provisions excluded from applying to statutory arbitrations.

Section 98. - Power to make further provision by regulations.


Enforcement of Geneva Convention awards

Section 99. - Continuation of Part II of the Arbitration Act 1950.

Recognition and enforcement of New York Convention awards

Section 100. - New York Convention awards.

Section 101. - Recognition and enforcement of awards.

Section 102. - Evidence to be produced by party seeking recognition or enforcement.

Section 103. - Refusal of recognition or enforcement.

Section 104. - Saving for other bases of recognition or enforcement.


Section 105. - Meaning of "the court": jurisdiction of High Court and county court.

Section 106. - Crown application.

Section 107. - Consequential amendments and repeals.

Section 108. - Extent.

Section 109. - Commencement.

Section 110. - Short title.


SiSU Metadata, document information


SiSU Manifest, alternative outputs etc.

Arbitration Act 1996 (of England), 1996 CHAPTER 23 [17th June 1996]


copy @ Lex Mercatoria


The arbitral proceedings

Section 34. - Procedural and evidential matters.

(1) It shall be for the tribunal to decide all procedural and evidential matters, subject to the right of the parties to agree any matter.

(2) Procedural and evidential matters include -

(a) when and where any part of the proceedings is to be held;

(b) the language or languages to be used in the proceedings and whether translations of any relevant documents are to be supplied;

(c) whether any and if so what form of written statements of claim and defence are to be used, when these should be supplied and the extent to which such statements can be later amended;

(d) whether any and if so which documents or classes of documents should be disclosed between and produced by the parties and at what stage;

(e) whether any and if so what questions should be put to and answered by the respective parties and when and in what form this should be done;

(f) whether to apply strict rules of evidence (or any other rules) as to the admissibility, relevance or weight of any material (oral, written or other) sought to be tendered on any matters of fact or opinion, and the time, manner and form in which such material should be exchanged and presented;

(g) whether and to what extent the tribunal should itself take the initiative in ascertaining the facts and the law;

(h) whether and to what extent there should be oral or written evidence or submissions.

(3) The tribunal may fix the time within which any directions given by it are to be complied with, and may if it thinks fit extend the time so fixed (whether or not it has expired).

  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Lex Mercatoria -->

( International Trade/Commercial Law & e-Commerce Monitor )

W3 since October 3 1993
1993 - 2010

started @The University of Tromsø, Norway, 1993
hosted by The University of Oslo, Norway, since 1998
in fellowship with The Institute of International Commercial Law,
Pace University, White Plains, New York, U.S.A.



Ralph Amissah

Lex Mercatoria