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Arbitration Act 1996
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- 1996 c. 23
- SCHEDULE 2
- Withholding award in case of non-payment
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1900 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2003 c. 21)
- S.I. 2003/3142 art. 3(1) art. 3(2) 4(2) Sch. 1 2 commences (2003 c. 21)
- S.I. 2006/1014 art. 2(a) Sch. 1 para. 11(v) commences (2005 c. 4)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2010/2317 art. 2(9)(k)(i) commences (2010 c. 15)
Withholding award in case of non-paymentE+W
6(1)The provisions of paragraph 7 apply in place of the provisions of section 56 (power to withhold award in the case of non-payment) in relation to the withholding of an award for non-payment of the fees and expenses of a judge-arbitrator.E+W
(2)This does not affect the application of section 56 in relation to the delivery of such an award by an arbitral or other institution or person vested by the parties with powers in relation to the delivery of the award.
7(1)A judge-arbitrator may refuse to deliver an award except upon payment of the fees and expenses mentioned in section 56(1).E+W
(2)The judge-arbitrator may, on an application by a party to the arbitral proceedings, order that if he pays into the High Court the fees and expenses demanded, or such lesser amount as the judge-arbitrator may specify—
(a)the award shall be delivered,
(b)the amount of the fees and expenses properly payable shall be determined by such means and upon such terms as he may direct, and
(c)out of the money paid into court there shall be paid out such fees and expenses as may be found to be properly payable and the balance of the money (if any) shall be paid out to the applicant.
(3)For this purpose the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 28 or any agreement relating to the payment of the arbitrator.
(4)No application to the judge-arbitrator under this paragraph may be made where there is any available arbitral process for appeal or review of the amount of the fees or expenses demanded.
(5)Any appeal from a decision of a judge-arbitrator under this paragraph lies to the Court of Appeal with the leave of that court.
(6)Where a party to arbitral proceedings appeals under sub-paragraph (5), an arbitrator is entitled to appear and be heard.
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