SCHEDULEACAS ARBITRATION SCHEME

XXIV.CHALLENGING THE AWARD

Challenges on grounds of substantive jurisdiction162

1

Section 67 of the Arbitration Act 1996 shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modifications.

2

In subsection (1)—

a

for “(upon notice to the other parties and to the tribunal) apply to the court” substitute “(upon notice to the other party, to the arbitrator and to ACAS) apply to the High Court or the Central London County Court”;

b

for “(see section 73)” substitute “(see section XXV of the Scheme)”;

c

after “section 70(2) and (3)” insert “as modified for the purposes of the Scheme”.

3

After subsection (1) insert—

1A

In this section—

  • “Arbitration Agreement” means an agreement to refer a dispute to arbitration in accordance with, and satisfying the requirements of, the Scheme;

  • “the Scheme” means the arbitration scheme set out in the Schedule to the ACAS Arbitration Scheme (England and Wales) Order 2001; and

  • “substantive jurisdiction” means any issue as to—

a

the validity of the Arbitration Agreement and the application of the Scheme to the dispute or difference in question;

b

the constitution of the arbitral tribunal; or

c

the matters which have been submitted to arbitration in accordance with the Arbitration Agreement.

Challenges for serious irregularity163

1

Section 68 of the Arbitration Act 19969 shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modifications.

2

In subsection (1)—

a

for “(upon notice to the other parties and to the tribunal) apply to the court” substitute “(upon notice to the other party, to the arbitrator and to ACAS) apply to the High Court or Central London County Court”;

b

for “(see section 73)” substitute “(see Part XXV of the Scheme)”;

c

after “section 70(2) and (3)” insert “as modified for the purposes of the Scheme”.

3

In subsection (2)—

a

in paragraph (a) for “section 33 (general duty of tribunal)” substitute “Part IX of the Scheme (General Duty of the Arbitrator)”;

b

in paragraph (b) after “see section 67” insert “as modified for the purposes of the Scheme”;

c

in paragraph (c) for “agreed by the parties” substitute “as set out in the Scheme”;

d

in paragraph (e) for “any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award” substitute “ACAS”;

e

omit paragraph (h);

f

in paragraph (i) for “any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award” substitute “ACAS”.

4

In subsection (3)—

a

in paragraph (b) insert “vary the award or” before “set the award aside”;

b

omit “The court shall not exercise its power to set aside or to declare an award to be of no effect, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.”.

5

After subsection (4) insert—

5

In this section,“the Scheme” means the arbitration scheme set out in the Schedule to the ACAS Arbitration Scheme (England and Wales) Order 2001.

Appeals on questions of EC law and the Human Rights Act 1998164

1

Section 69 of the Arbitration Act 199610 shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modifications.

2

In subsection (1)—

a

omit “Unless otherwise agreed by the parties”;

b

for “(upon notice to the other parties and to the tribunal) appeal to the court” substitute “(upon notice to the other party, to the arbitrator and to ACAS) appeal to the High Court or Central London County Court”;

c

for “a question of law” substitute “a question (a) of EC law, or (b) concerning the application of the Human Rights Act 1998”;

d

omit “An agreement to dispense with reasons for the tribunal’s award shall be considered an agreement to exclude the court’s jurisdiction under this section.”.

3

In subsection (2) after “section 70(2) and (3)” insert “as modified for the purposes of the Scheme”.

4

In subsection (3)—

a

omit paragraph (b);

b

in paragraph (c) after the words “on the basis of the findings of fact in the award” insert “, in so far as the question for appeal raises a point of EC law, the point is capable of serious argument, and in so far as the question for appeal does not raise a point of EC law”.

5

In subsection (7) omit “The court shall not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.”.

6

After subsection (8) insert—

9

In this section—

  • “EC law” means—

    1. a

      any enactment in the domestic legislation of England and Wales giving effect to rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties, and

    2. b

      any such rights, powers, liabilities, obligations and restrictions which are not given effect by any such enactment; and

Time limits and other procedural restrictions on challenges to awards165

1

Section 70 of the Arbitration Act 1996 shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modifications.

2

In subsection (1) after “section 67, 68 or 69” insert “(as modified for the purposes of the Scheme)”.

3

In subsection (2)—

a

omit paragraph (a);

b

in paragraph (b) for “section 57 (correction of award or additional award)” substitute “section XXII of the Scheme (Correction of Awards)”.

4

In subsection (3) for “of the award or, if there has been any arbitral process of appeal or review, of the date when the applicant or appellant was notified of the result of that process” substitute “the award was despatched to the applicant or appellant by ACAS”.

5

Omit subsection (5).

6

After subsection (8) insert—

9

In this section,“the Scheme” means the arbitration scheme set out in the Schedule to the ACAS Arbitration Scheme (England and Wales) Order 2001.

Common law challenges and saving166

Sections 81(1)(c) and 81(2) of the Arbitration Act 199611 shall apply to arbitrations conducted in accordance with the Scheme.

Challenge or appeal: effect of order of the court167

1

Section 71 of the Arbitration Act 1996 shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modifications .

2

In subsection (1) after “section 67, 68 and 69” insert “(as modified for the purposes of the Scheme)”.

3

After subsection (3) insert—

3A

In this section,“the Scheme” means the arbitration scheme set out in the Schedule to the ACAS Arbitration Scheme (England and Wales) Order 2001.

4

Omit subsection (4).