Powers of the court in relation to award
10Challenging the award: remedies available to the court
(1)
Section 67 of the Arbitration Act 1996 (challenging the award: substantive jurisdiction) is amended as follows.
(2)
“(b)
challenging an award made by the tribunal on the merits because the tribunal did not have substantive jurisdiction.”
(3)
“(3)
On an application under this section, the court may by order—
(a)
confirm the award,
(b)
vary the award,
(c)
remit the award to the tribunal, in whole or in part, for reconsideration,
(d)
set aside the award, in whole or in part, or
(e)
declare the award to be of no effect, in whole or in part.
(3A)
The court must 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.”
11Procedure on challenge under section 67 of the Arbitration Act 1996
“(3B)
Rules of court about the procedure to be followed on an application under this section may, in particular, include provision within subsection (3C) in relation to a case where the application—
(a)
relates to an objection as to the arbitral tribunal’s substantive jurisdiction on which the tribunal has already ruled, and
(b)
is made by a party that took part in the arbitral proceedings.
(3C)
Provision is within this subsection if it provides that subject to the court ruling otherwise in the interests of justice—
(a)
a ground for the objection that was not raised before the arbitral tribunal must not be raised before the court unless the applicant shows that, at the time the applicant took part in the proceedings, the applicant did not know and could not with reasonable diligence have discovered the ground;
(b)
evidence that was not put before the tribunal must not be considered by the court unless the applicant shows that, at the time the applicant took part in the proceedings, the applicant could not with reasonable diligence have put the evidence before the tribunal;
(c)
evidence that was heard by the tribunal must not be re-heard by the court.
(3D)
Subsection (3B) does not limit the generality of the power to make rules of court.”
12Challenging the award: time limit
(1)
Section 70 of the Arbitration Act 1996 (challenge or appeal: supplementary provisions) is amended as follows.
(2)
In subsection (3), for the words from “the date of the award” to the end substitute “the applicable date”
.
(3)
“(3A)
In subsection (3), “the applicable date” means—
(a)
in a case where there has been any arbitral process of appeal or review, the date when the applicant or appellant was notified of the result of that process;
(b)
in a case where the tribunal has, under section 57, made a material correction to an award or has made a material additional award, the date of the correction or additional award;
(c)
in a case where a material application for a correction to an award or for an additional award has been made to the tribunal under section 57 and the tribunal has decided not to grant the application, the date when the applicant or appellant was notified of that decision;
(d)
in any other case, the date of the award.
(3B)
For the purposes of subsection (3A)—
(a)
a correction to an award,
(b)
an additional award, or
(c)
an application under section 57,
is “material” if any matter to which it relates is material to the application or appeal under section 67, 68 or 69.”
(4)
“(9)
In this section, a reference to available recourse, or to anything done, under section 57 includes a reference to available recourse, or to anything equivalent done, pursuant to agreement reached between the parties as mentioned in section 57(1).”