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

Articles 2 and 3

SCHEDULE ACAS Arbitration Scheme

CONTENTS

		Paragraphs
I.	INTRODUCTION	1–4
II.	THE ROLE OF ACAS	5
	Routing of communications	6–7
III.	TERMS AND ABBREVIATIONS	8–12
IV.	ARBITRATORS' TERMS OF REFERENCE	13
V.	SCOPE OF THE SCHEME
	Cases that are covered by the Scheme	14–16
	Waiver of jurisdictional issues	17–18
	Inappropriate cases	19
VI.	ACCESS TO THE SCHEME	20
	Requirements for entry into the Scheme	21–23
	Notification to ACAS of an Arbitration Agreement	24–27
	Consolidation of proceedings	28
VII.	SETTLEMENT AND WITHDRAWAL FROM THE SCHEME
	Withdrawal by the Employee	29
	Withdrawal by the Employer	30
	Settlement	31–34
VIII.	APPOINTMENT OF AN ARBITRATOR
	The ACAS Arbitration Panel	35
	Appointment to a case	36–37
	Arbitrator’s duty of disclosure	38–39
	Removal of arbitrators	40–44
	Death of an arbitrator	45
	Replacement of arbitrators	46–47
IX.	GENERAL DUTY OF THE ARBITRATOR	48–49
X.	GENERAL DUTY OF THE PARTIES	50
XI.	CONFIDENTIALITY AND PRIVACY	51–52
XII.	ARRANGEMENTS FOR THE HEARING
	Initial arrangements	53–56
	Expedited hearings	57
	Venue	58–59
	Assistance	60
	Travelling expenses/loss of earnings	61–62
	Applications for postponements of, or different venues for, initial hearings	63–65
XIII.	NON-COMPLIANCE WITH PROCEDURE	66
XIV.	OUTLINE OF PROCEDURE BEFORE THE HEARING	67
	Written materials	68–73
	Submissions, evidence and witnesses not previously notified	74–75
	Requests for documents	76
	Requests for attendance of witnesses	77
	Preliminary hearings and directions	78–79
XV.	OUTLINE OF PROCEDURE AT THE HEARING
	Arbitrator’s overall discretion	80
	Language	81
	Witnesses	82
	Examination by the arbitrator	83
	Representatives	84
	Strict rules of evidence	85
	Non-attendance at the hearing	86–87
	Post-hearing written materials	88
XVI.	QUESTIONS OF EC LAW AND THE HUMAN RIGHTS ACT 1998
	Appointment of legal adviser	89–92
	Court determination of preliminary points	93
XVII.	AWARDS
	Form of the award	94–95
	Remedies	96
XVIII.	AWARDS OF COMPENSATION	97–99
IXX.	ISSUE OF AWARDS AND CONFIDENTIALITY	100–101
XX.	CORRECTION OF AWARDS
	Scrutiny of awards by ACAS	102
	Correction by the arbitrator	103–108
XXI.	EFFECT OF AWARDS, ENFORCEMENT AND INTEREST
	Effect of awards	109–110
	Enforcement	111
	Interest	112
XXII.	CHALLENGING THE AWARD
	Challenges on grounds of substantive jurisdiction	113
	Challenges for serious irregularity	114
	Appeals on questions of EC law and the Human Rights Act 1998	115
	Time limits and other procedural restrictions on challenges to awards	116
	Common law challenges and saving	117
	Challenge or appeal: effect of order of the court	118
XXIII	LOSS OF RIGHT TO OBJECT	119
XXIV.	IMMUNITY	120–121
XXV.	MISCELLANEOUS PROVISIONS
	Requirements in connection with legal proceedings	122
	Service of documents and notices on ACAS or the ACAS Arbitration Section	123–124
	Service of documents or notices on any other person or entity	125–127
	Powers of court in relation to service of documents	128
	Reckoning periods of time	129XXVI.
	TERRITORIAL OPERATION OF THE SCHEME	130
	APPENDIX A: WAIVER OF RIGHTS