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The ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003

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Articles 2 and 3

SCHEDULEACAS Arbitration Scheme

CONTENTS

Paragraphs
I.INTRODUCTION1–4
II.THE ROLE OF ACAS5
Routing of communications6–7
III.TERMS AND ABBREVIATIONS8–12
IV.ARBITRATORS' TERMS OF REFERENCE13
V.SCOPE OF THE SCHEME
Cases that are covered by the Scheme14–16
Waiver of jurisdictional issues17–18
Inappropriate cases19
VI.ACCESS TO THE SCHEME20
Requirements for entry into the Scheme21–23
Notification to ACAS of an Arbitration Agreement24–27
Consolidation of proceedings28
VII.SETTLEMENT AND WITHDRAWAL FROM THE SCHEME
Withdrawal by the Employee29
Withdrawal by the Employer30
Settlement31–34
VIII.APPOINTMENT OF AN ARBITRATOR
The ACAS Arbitration Panel35
Appointment to a case36–37
Arbitrator’s duty of disclosure38–39
Removal of arbitrators40–44
Death of an arbitrator45
Replacement of arbitrators46–47
IX.GENERAL DUTY OF THE ARBITRATOR48–49
X.GENERAL DUTY OF THE PARTIES50
XI.CONFIDENTIALITY AND PRIVACY51–52
XII.ARRANGEMENTS FOR THE HEARING
Initial arrangements53–56
Expedited hearings57
Venue58–59
Assistance60
Travelling expenses/loss of earnings61–62
Applications for postponements of, or different venues for, initial hearings63–65
XIII.NON-COMPLIANCE WITH PROCEDURE66
XIV.OUTLINE OF PROCEDURE BEFORE THE HEARING67
Written materials68–73
Submissions, evidence and witnesses not previously notified74–75
Requests for documents76
Requests for attendance of witnesses77
Preliminary hearings and directions78–79
XV.OUTLINE OF PROCEDURE AT THE HEARING
Arbitrator’s overall discretion80
Language81
Witnesses82
Examination by the arbitrator83
Representatives84
Strict rules of evidence85
Non-attendance at the hearing86–87
Post-hearing written materials88
XVI.QUESTIONS OF EC LAW AND THE HUMAN RIGHTS ACT 1998
Appointment of legal adviser89–92
Court determination of preliminary points93
XVII.AWARDS
Form of the award94–95
Remedies96
XVIII.AWARDS OF COMPENSATION97–99
IXX.ISSUE OF AWARDS AND CONFIDENTIALITY100–101
XX.CORRECTION OF AWARDS
Scrutiny of awards by ACAS102
Correction by the arbitrator103–108
XXI.EFFECT OF AWARDS, ENFORCEMENT AND INTEREST
Effect of awards109–110
Enforcement111
Interest112
XXII.CHALLENGING THE AWARD
Challenges on grounds of substantive jurisdiction113
Challenges for serious irregularity114
Appeals on questions of EC law and the Human Rights Act 1998115
Time limits and other procedural restrictions on challenges to awards116
Common law challenges and saving117
Challenge or appeal: effect of order of the court118
XXIIILOSS OF RIGHT TO OBJECT119
XXIV.IMMUNITY120–121
XXV.MISCELLANEOUS PROVISIONS
Requirements in connection with legal proceedings122
Service of documents and notices on ACAS or the ACAS Arbitration Section123–124
Service of documents or notices on any other person or entity125–127
Powers of court in relation to service of documents128
Reckoning periods of time129XXVI.
TERRITORIAL OPERATION OF THE SCHEME130
APPENDIX A: WAIVER OF RIGHTS

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