Prospective
(1)The Arbitration Act 1996 is amended as follows.
(2)After section 23 insert—
(1)An individual who has been approached by a person in connection with the individual’s possible appointment as an arbitrator must, as soon as reasonably practical, disclose to the person any relevant circumstances of which the individual is, or becomes, aware.
(2)An arbitrator must, as soon as reasonably practical, disclose to the parties to the arbitral proceedings any relevant circumstances of which the arbitrator is, or becomes, aware.
(3)For the purposes of this section—
(a)“relevant circumstances”, in relation to an individual, are circumstances that might reasonably give rise to justifiable doubts as to the individual’s impartiality in relation to the proceedings, or potential proceedings, concerned, and
(b)an individual is to be treated as being aware of circumstances of which the individual ought reasonably to be aware.”
(3)In Schedule 1 (mandatory provisions), after the entry for section 13, insert—
“section 23A (impartiality: duty of disclosure);”.
Commencement Information
I1S. 2 not in force at Royal Assent, see s. 17(2)
(1)The Arbitration Act 1996 is amended as follows.
(2)In section 24 (power of court to remove arbitrator), after subsection (5) insert—
“(5A)The court may not order the arbitrator to pay costs in proceedings under this section unless any act or omission of the arbitrator in connection with the proceedings is shown to have been in bad faith.”
(3)In section 29(1) (general immunity of arbitrator), at the end insert “(and see section 24(5A) (immunity in respect of costs of proceedings for removal))”.
Commencement Information
I2S. 3 not in force at Royal Assent, see s. 17(2)
(1)The Arbitration Act 1996 is amended as follows.
(2)In section 25 (resignation of arbitrator)—
(a)in subsection (1), omit paragraph (b) (together with the “and” before it);
(b)for subsections (3) and (4) substitute—
“(3)Where an arbitrator resigns, a relevant person may (upon notice to the other relevant persons) apply to the court to make such order as it thinks fit with respect to the arbitrator’s entitlement (if any) to fees or expenses or the repayment of any fees or expenses already paid.
(4)For the purposes of subsection (3), each of the parties and the arbitrator is a “relevant person”.”;
(c)in the heading, at the end insert “: entitlement to fees or expenses”.
(3)In section 29 (immunity of arbitrator)—
(a)omit subsection (3);
(b) at the end insert—
“(4)An arbitrator’s resignation does not give rise to any liability for the arbitrator unless it is shown that the resignation was, in all the circumstances, unreasonable.
(5)But subsection (4) is subject to—
(a)agreement reached between the parties and the arbitrator as mentioned in section 25(1)(a);
(b)an order made under section 25(3).”
(4)In the following provisions, for “25(3)(b)” substitute “25(3)”—
(a)section 28(4) (joint and several liability of parties to arbitrators for fees and expenses);
(b)section 64(3) (recoverable fees and expenses of arbitrators);
(c)paragraphs 3(2) and 10(2) of Schedule 2 (modifications in relation to judge-arbitrators).
Commencement Information
I3S. 4 not in force at Royal Assent, see s. 17(2)