3 Exclusion agreements affecting rights under sections 1 and 2.
1
Subject to the following provisions of this section and section 4 below—
a
the High Court shall not, under section 1(3)(b) above, grant leave to appeal with respect to a question of law arising out of an award, and
b
the High Court shall not, under section 1(5)(b) above, grant leave to make an application with respect to an award, and
c
no application may be made under section 2(1)(a) above with respect to a question of law,
if the parties to the reference in question have entered into an agreement in writing (in this section referred to as an “exclusion agreement”) which excludes the right of appeal under section 1 above in relation to that award or, in a case falling within paragraph (c) above, in relation to an award to which the determination of the question of law is material.
2
An exclusion agreement may be expressed so as to relate to a particular award, to awards under a particular reference or to any other description of awards, whether arising out of the same reference or not; and an agreement may be an exclusion agreement for the purposes of this section whether it is entered into before or after the passing of this Act and whether or not it forms part of an arbitration agreement.
3
In any case where—
a
an arbitration agreement, other than a domestic arbitration agreement, provides for disputes between the parties to be referred to arbitration, and
b
a dispute to which the agreement relates involves the question whether a party has been guilty of fraud, and
c
the parties have entered into an exclusion agreement which is applicable to any award made on the reference of that dispute,
then, except in so far as the exclusion agreement otherwise provides, the High Court shall not exercise its powers under section 24(2) of the principal Act (to take steps necessary to enable the question to be determined by the High Court) in relation to that dispute.
4
Except as provided by subsection (1) above, sections 1 and 2 above shall have effect notwithstanding anything in any agreement purporting—
a
to prohibit or restrict access to the High Court; or
b
to restrict the jurisdiction of that court; or
c
to prohibit or restrict the making of a reasoned award.
5
An exclusion agreement shall be of no effect in relation to an award made on, or a question of law arising in the course of a reference under, a statutory arbitration, that is to say, such an arbitration as is referred to in subsection (1) of section 31 of the principal Act.
6
An exclusion agreement shall be of no effect in relation to an award made on, or a question of law arising in the course of a reference under, an arbitration agreement which is a domestic arbitration agreement unless the exclusion agreement is entered into after the commencement of the arbitration in which the award is made or, as the case may be, in which the question of law arises.
7
In this section “domestic arbitration agreement” means an arbitration agreement which does not provide, expressly or by implication, for arbitration in a State other than the United Kingdom and to which neither—
a
an individual who is a national of, or habitually resident in, any State other than the United Kingdom, nor
b
a body corporate which is incorporated in, or whose central management and control is exercised in, any State other than the United Kingdom,
is a party at the time the arbitration agreement is entered into.