The Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012

  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Interpretation

  4. 3.Revocations and savings

  5. 4.Commencement of the Scheme

  6. 5.Application of Part I of the Arbitration Act 1996

  7. 6.Application of Terms of Reference

  8. Signature

    1. SCHEDULE

      The Labour Relations Agency Arbitration Scheme

      1. PART I Introduction

        1. 1.The Labour Relations Agency Arbitration Scheme (“the Scheme”) is implemented...

        2. 2.The Scheme provides a voluntary alternative, in the form of...

        3. 3.Resolution of disputes under the Scheme is intended to be...

        4. 4.The Scheme also caters for requirements imposed as a matter...

      2. PART II The role of the LRA

        1. 5.As more fully explained below, cases enter the Scheme by...

        2. 6.Routing of communications

        3. 7.Paragraph 120 sets out the manner in which any document,...

      3. PART III Terms and abbreviations

        1. 8.In the Scheme – “claimant” means any person entitled to...

        2. 9.With the exception of paragraph 18(a) (“Requirements for entry into...

      4. PART IV Arbitrator’s Terms of Reference

        1. 10.Every agreement to refer a dispute to arbitration under this...

      5. PART V Scope of the Scheme

        1. 11.Cases that are covered by the Scheme

        2. 12.The Scheme does not extend to other kinds of claim...

        3. 13.Any claim other than a qualifying claim that forms part...

        4. 14.Waiver of jurisdictional issues

        5. 15.Accordingly, when agreeing to refer a dispute to arbitration under...

        6. 16.In agreeing to arbitration under the Scheme, the parties to...

      6. PART VI Access to the Scheme

        1. 17.The Scheme is an entirely voluntary system of dispute resolution,...

        2. 18.Requirements for entry into the Scheme

        3. 19.Where an agreement fails to satisfy any one of these...

        4. 20.Where: (a) a dispute concerning a qualifying claim as well...

        5. 21.Notification to the LRA of an Arbitration Agreement

        6. 22.For the purposes of paragraph 21, an Arbitration Agreement is...

        7. 23.Where an Arbitration Agreement is not notified to the LRA...

        8. 24.Any such hearing and award will be governed by the...

        9. 25.Consolidation of proceedings

      7. PART VII Settlement and withdrawal from the Scheme

        1. 26.Withdrawal by the claimant

        2. 27.Withdrawal by the respondent

        3. 28.Settlement

        4. 29.If such an agreement is reached: (a) upon the joint...

        5. 30.An agreed award shall state that it is an award...

        6. 31.In making an award by consent under paragraph 30, the...

      8. PART VIII Appointment of arbitrators

        1. 32.The LRA Arbitration Panel

        2. 33.Appointment to a case

        3. 34.Once the LRA has been notified of a valid Arbitration...

        4. 35.Arbitrators’ duty of disclosure

        5. 36.Once appointed, and until the arbitration is concluded, every arbitrator...

        6. 37.Removal of an arbitrator

        7. 38.Applications under the Scheme to remove an arbitrator on any...

        8. 39.If the LRA refuses such an application, a party may...

        9. 40.(1) Section 24(1)(a) and (c), (2), (3), (5) and (6)...

        10. 41.The arbitrator may continue the proceedings and make an award...

        11. 42.Death of an arbitrator

        12. 43.Replacement of an arbitrator

        13. 44.Once appointed, the replacement arbitrator shall determine whether and, if...

      9. PART IX General duty of the arbitrator

        1. 45.The arbitrator shall: (a) act fairly and impartially as between...

        2. 46.The arbitrator shall comply with the general duty (see paragraph...

      10. PART X General duty of the parties

        1. 47.The parties shall do all things necessary for the proper...

      11. PART XI Confidentiality and privacy

        1. 48.Arbitrations, and all associated procedures under the Scheme, are strictly...

        2. 49.The arbitrator, the parties and an officer of the LRA...

      12. PART XII Arrangements for the hearing

        1. 50.Initial arrangements

        2. 51.Once an arbitrator has been appointed a hearing shall be...

        3. 52.The LRA, in conjunction with the arbitrator, shall decide the...

        4. 53.The LRA shall contact all parties with details of the...

        5. 54.Expedited hearings

        6. 55.Venue

        7. 56.Assistance

        8. 57.Travelling expenses or loss of earnings

        9. 58.No loss of earnings is payable by the LRA to...

        10. 59.Applications for postponements of initial hearings

        11. 60.If the application is rejected, the initial hearing will be...

        12. 61.This provision does not affect the arbitrator’s general discretion with...

      13. PART XIII Non-compliance with procedure

        1. 62.If a party fails to comply with any aspect of...

      14. PART XIV Outline of procedure before the hearing

        1. 63.Once a hearing has been fixed, the following procedure shall...

        2. 64.Written materials

        3. 65.Supporting documentation or other material may include (where applicable and...

        4. 66.The parties must also supply details of any relevant awards...

        5. 67.Legible copies of documents must be supplied to the LRA...

        6. 68.No information on the conciliation process, if any, in respect...

        7. 69.Submissions, evidence and witnesses not previously notified

        8. 70.All representatives and witnesses who have been listed as accompanying...

        9. 71.Requests for documents

        10. 72.Requests for attendance of witnesses

        11. 73.Preliminary hearings and directions

        12. 74.In the course of a preliminary hearing or through the...

      15. PART XV Outline of procedure at the hearing

        1. 75.Arbitrator’s overall discretion

        2. 76.Administration

        3. 77.Witnesses

        4. 78.Examination by the arbitrator

        5. 79.Representatives

        6. 80.Strict rules of evidence

        7. 81.Interim relief

        8. 82.Non-attendance at the hearing

        9. 83.In the case of the non-attendance of the claimant, if...

        10. 84.Post-hearing written materials

      16. PART XVI Questions of EC Law and the Human Rights Act 1998

        1. 85.Appointment of legal adviser

        2. 86.The legal adviser will be appointed by the LRA, to...

        3. 87.The arbitrator shall allow the legal adviser to attend the...

        4. 88.The parties shall be given a reasonable opportunity to comment...

        5. 89.Court determination of preliminary points

      17. PART XVII Awards

        1. 90.Form of the award

        2. 91.The award (unless it is an award by consent under...

        3. 92.Awards on different issues

        4. 93.The arbitrator may, in particular, make an award relating:

        5. 94.If the arbitrator does so, he or she shall specify...

        6. 95.Remedies

        7. 96.(1) The remedies available to the arbitrator shall be those...

      18. PART XVIII Issue of awards and confidentiality

        1. 97.The arbitrator’s award shall be sent by the LRA to...

        2. 98.The award shall be confidential, and shall be issued only...

      19. PART XIX Correction of Awards

        1. 99.Scrutiny of awards by the LRA

        2. 100.Correction by the arbitrator

        3. 101.In so far as any such correction or additional award...

        4. 102.Any application by a party for the exercise of this...

        5. 103.Any correction of the award shall be made within 28...

        6. 104.Any additional award shall be made within 56 days beginning...

        7. 105.Any correction of the award shall form part of the...

      20. PART XX Effect of awards, enforcement and interest

        1. 106.Effect of awards

        2. 107.This does not affect the right of a person to...

        3. 108.Enforcement

        4. 109.Interest

      21. PART XXI Challenging the award

        1. 110.Challenges on grounds of substantive jurisdiction

        2. 111.Challenging the award: serious irregularity

        3. 112.Appeals on questions of EC law and the Human Rights Act 1998

        4. 113.Time limits and other procedural restrictions on challenges to awards

        5. 114.Common law challenges and saving

        6. 115.Challenge or appeal: effect of order of the court

      22. PART XXII Loss of right to object

        1. 116.If a party to arbitral proceedings under this Scheme takes...

      23. PART XXIII Immunity

        1. 117.An arbitrator under this Scheme is not liable for any...

        2. 118.The LRA, by reason of having appointed an arbitrator or...

      24. PART XXIV Miscellaneous provisions

        1. 119.Requirements in connection with legal proceedings

        2. 120.Service of documents and notices to the LRA

        3. 121.Service of documents or notices on any other person or entity (other than the LRA)

        4. 122.If such a notice or other document is addressed, pre-paid...

        5. 123.Powers of court in relation to service of documents

        6. 124.Reckoning periods of time

      25. PART XXV Territorial operation of the Scheme

        1. 125.Territorial application

    2. Appendix A

      Form for entry into the Scheme

    3. Appendix B

      Provisions of the Arbitration Act 1996 to which modifications apply

    4. Appendix C

      Provisions of the Equal Pay Act (Northern Ireland) 1970 reproduced for the purposes of the Scheme

  10. Explanatory Note