Articles 2 and 3
SCHEDULEACAS 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 |