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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


Powers of the court in relation to award

Section 69. - Appeal on point of law.

(1) Unless otherwise agreed by the parties, a party to arbitral proceedings may (upon notice to the other parties and to the tribunal) appeal to the court on a question of law arising out of an award made in the proceedings. An agreement to dispense with reasons for the tribunal's award shall be considered an agreement to exclude the court's jurisdiction under this section.

(2) An appeal shall not be brought under this section except -

(a) with the agreement of all the other parties to the proceedings, or

(b) with the leave of the court. The right to appeal is also subject to the restrictions in section 70(2) and (3).

(3) Leave to appeal shall be given only if the court is satisfied -

(a) that the determination of the question will substantially affect the rights of one or more of the parties,

(b) that the question is one which the tribunal was asked to determine,

(c) that, on the basis of the findings of fact in the award -

(i) the decision of the tribunal on the question is obviously wrong, or

(ii) the question is one of general public importance and the decision of the tribunal is at least open to serious doubt, and

(d) that, despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all the circumstances for the court to determine the question.

(4) An application for leave to appeal under this section shall identify the question of law to be determined and state the grounds on which it is alleged that leave to appeal should be granted.

(5) The court shall determine an application for leave to appeal under this section without a hearing unless it appears to the court that a hearing is required.

(6) The leave of the court is required for any appeal from a decision of the court under this section to grant or refuse leave to appeal.

(7) On an appeal under this section the court may by order -

(a) confirm the award,

(b) vary the award,

(c) remit the award to the tribunal, in whole or in part, for reconsideration in the light of the court's determination, or

(d) set aside the award in whole or in part. The court shall not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.

(8) The decision of the court on an appeal under this section shall be treated as a judgment of the court for the purposes of a further appeal. But no such appeal lies without the leave of the court which shall not be given unless the court considers that the question is one of general importance or is one which for some other special reason should be considered by the Court of Appeal.

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Ralph Amissah

Lex Mercatoria