Modifications etc. (not altering text)
C1Pt. I modified by Administration of Justice Act 1970 (c. 31, SIF 37), s. 4, Sch. 3; excluded by Employment Protection Act 1975 (c. 71), ss. 1, 3(5), Sch. 1 Pt. II para. 26
C2Pt. I (ss. 1–34) excluded by Arbitration Act 1979 (c. 42, SIF 5), s. 7(3)
C3Pt. I (ss. 1-34) excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 212(5), 302.
Pt. I (ss. 1-34) excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 263(6), 302.
.
Textual Amendments
F1S. 21 repealed by Arbitration Act 1979 (c. 42, SIF 5), s. 8(3)(b)
(1)In all cases of reference to arbitration the High Court or a judge thereof may from time to time remit the matters referred, or any of them, to the reconsideration of the arbitrator or umpire.
(2)Where an award is remitted, the arbitrator or umpire shall, unless the order otherwise directs, make his award within three months after the date of the order.
(1)Where an arbitrator or umpire has misconducted himself or the proceedings, the High Court may remove him.
(2)Where an arbitrator or umpire has misconducted himself or the proceedings, or an arbitration or award has been improperly procured, the High Court may set the award aside.
(3)Where an application is made to set aside an award, the High Court may order that any money made payable by the award shall be brought into court or otherwise secured pending the determination of the application.
(1)Where an agreement between any parties provides that disputes which may arise in the future between them shall be referred to an arbitrator named or designated in the agreement, and after a dispute has arisen any party applies, on the ground that the arbitrator so named or designated is not or may not be impartial, for leave to revoke the authority of the arbitrator or for an injunction to restrain any other party or the arbitrator from proceeding with the arbitration, it shall not be a ground for refusing the application that the said party at the time when he made the agreement knew, or ought to have known, that the arbitrator, by reason of his relation towards any other party to the agreement or of his connection with the subject referred, might not be capable of impartiality.
(2)Where an agreement between any parties provides that disputes which may arise in the future between them shall be referred to arbitration, and a dispute which so arises involves the question whether any such party has been guilty of fraud, the High Court shall, so far as may be necessary to enable that question to be determined by the High Court, have power to order that the agreement shall cease to have effect and power to give leave to revoke the authority of any arbitrator or umpire appointed by or by virtue of the agreement.
(3)In any case where by virtue of this section the High Court has power to order that an arbitration agreement shall cease to have effect or to give leave to revoke the authority of an arbitrator or umpire, the High Court may refuse to stay any action brought in breach of the agreement.
Modifications etc. (not altering text)
C4S. 24(2) excluded by Arbitration Act 1979 (c. 42, SIF 5), s. 3(3)
C5S. 24(2)(3) applied (1.5.1996) by S.I. 1996/1022, art. 26
(1) Where an arbitrator (not being a sole arbitrator), or two or more arbitrators (not being all the arbitrators) or an umpire who has not entered on the reference is or are removed by the High Court [F2or the Court of Appeal],the High Court [F2or the Court of Appeal, as the case may be]may, on the application of any party to the arbitration agreement, appoint a person or persons to act as arbitrator or arbitrators or umpire in place of the person or persons so removed.
(2)Where the authority of an arbitrator or arbitrators or umpire is revoked by leave of the High Court [F2or the Court of Appeal], or a sole arbitrator or all the arbitrators or an umpire who has entered on the reference is or are removed by the High Court [F2or the Court of Appeal], the High Court [F2or the Court of Appeal, as the case may be] may, on the application of any party to the arbitration agreement, either—
(a)appoint a person to act as sole arbitrator in place of the person or persons removed; or
(b)order that the arbitration agreement shall cease to have effect with respect to the dispute referred.
(3)A person appointed under this section by the High Court [F2or the Court of Appeal] as an arbitrator or umpire shall have the like power to act in the reference and to make an award as if he had been appointed in accordance with the terms of the arbitration agreement.
(4)Where it is provided (whether by means of a provision in the arbitration agreement or otherwise) that an award under an arbitration agreement shall be a condition precedent to the bringing of an action with respect to any matter to which the agreement applies, the High Court [F2or the Court of Appeal], if it orders (whether under this section or under any other enactment) that the agreement shall cease to have effect as regards any particular dispute, may further order that the provision making an award a condition precedent to the bringing of an action shall also cease to have effect as regards that dispute.
Textual Amendments
F2Words inserted by Administration of Justice Act 1970 (c. 31, SIF 37), s. 4(4), Sch. 3 para. 11