Channel Tunnel Act 1987

15 Contract law and arbitration law. U.K.

(1) Subject to subsection (3)(a) below, English law shall not apply for the determination of any question with respect to the formation, discharge, validity or effect of any Concession agreement except to the extent and in the circumstances (if any) provided by or determined under any provision of the international arrangements.

(2) For the purposes of all legal proceedings—

(a) any Concession agreement specified in any notice published under section 4 of this Act with respect to the coming into operation of the Concession shall be taken to be valid and effective at any time on or after the date specified in that notice; and

(b) any Concession agreement other than one so specified shall be taken to be valid and effective at any time on or after the date on which it is expressed to take effect;

until any date specified in a notice so published as being the date on which the Concession expired or terminated.

(3) Where any Concession agreement provides for the determination of a dispute by the arbitral tribunal—

(a) the provisions of Part I of the M1 Arbitration Act 1950 and the M2 Arbitration Act 1979 specified in subsection (4) below shall apply in relation to that agreement, or to the enforcement of an award on that agreement, subject to the modifications specified in that subsection and except so far as excluded by, and subject to any modifications contained in, the agreement or any provision of the international arrangements; but

(b) without prejudice to subsection (1) above, no other provision of Part I of the Act of 1950 or the Act of 1979 shall apply in relation to that agreement, or to the enforcement of an award on that agreement, except so far as applied by, and subject to any modifications contained in, that agreement or any provision of the international arrangements.

(4) The provisions are—

(a) section 4(1) of the Act of 1950 (staying court proceedings on matters subject to arbitration) with the substitution of the words “shall make an order staying the proceedings” for the words from “ if satisfied ” to the end;

(b) section 26 of that Act (enforcement of arbitration award by court); and

(c) section 2 of the Act of 1979 (determination by court of preliminary point of law arising on arbitration) with—

(i) the omission of the words “Subject to subsection (2) and section 3 below,” in subsection (1) and of subsection (2); and

(ii) the substitution of the words “ with the consent of the arbitral tribunal ” for paragraphs (a) and (b) of subsection (1);

and any other provisions of Part I of the Act of 1950 or the Act of 1979 so far as affecting the operation of the provisions mentioned in any of paragraphs (a) to (c) of this subsection.

(5) Subject to subsection (3)(a) above and except to the extent and in the circumstances (if any) provided by or determined under the agreement in question or any provision of the international arrangements, no court in any part of the United Kingdom shall have jurisdiction (whether by virtue of any enactment or at common law)—

(a) to determine any matter over which the arbitral tribunal assumes jurisdiction;

(b) to set aside or remit an award made on any Concession agreement on the ground of errors of fact or law on the face of the award, excess of jurisdiction, procedural irregularities or on any other ground whatsoever; or

(c) to determine whether anything purporting to be such an award is a valid award;

and in all legal proceedings anything purporting to be such an award shall be taken to be a valid award and shall not be questioned on any ground whatsoever.

Marginal Citations

M1 1950 c. 27.

M2 1979 c. 42.