Arbitral proceedings and powers of the court

Emergency arbitrators
8
1
The Arbitration Act 1996 is amended as follows.
2
After section 41 insert—

Emergency arbitrators
41A
1
This section applies where—
a
the parties have agreed to the application of rules that provide for the appointment of an individual as an emergency arbitrator, and
b
an emergency arbitrator has been appointed pursuant to those rules.
2
Unless otherwise agreed by the parties, if without showing sufficient cause a party fails to comply with any order or directions of the emergency arbitrator, the emergency arbitrator may make a peremptory order to the same effect, prescribing such time for compliance with it as the emergency arbitrator considers appropriate.
3
In section 41(7) (peremptory orders of tribunal), in the opening words—
a
after “peremptory order” insert “of the tribunal”;
b
omit “tribunal’s”.
4
In section 42 (enforcement of peremptory orders of tribunal)—
a
in subsection (1), at the end insert “or (as the case may be) the emergency arbitrator”;
b
in subsection (2)(a) and (b), after “the tribunal” insert “or the emergency arbitrator”;
c
in subsection (3), for “tribunal’s order” substitute “peremptory order”;
d
in subsection (4), for “tribunal’s order” substitute “peremptory order”;
e
in the heading, at the end insert “or emergency arbitrator”.
5
In section 44 (court powers exercisable in support of arbitral proceedings)—
a
for subsection (4) substitute—
4
If the case is not one of urgency, the court may act only on the application of a party to the arbitral proceedings made with—
a
the permission of the tribunal or (as the case may be) the emergency arbitrator, or
b
the agreement in writing of the other parties.
4A
An application under subsection (4) may be made only upon notice to the other parties and to the tribunal or the emergency arbitrator.
;
b
in subsection (5), after “tribunal” insert “or the emergency arbitrator”;
c
in subsection (6), after “tribunal” insert “, the emergency arbitrator”.
6
In section 82(1) (minor definitions)—
a
after the definition of “dispute” insert—
- “emergency arbitrator” means an individual appointed as mentioned in section 41A(1);
;
b
in the definition of “peremptory order”, after “section 41(5)” insert “or 41A(2),”.
7
In section 83 (index of defined expressions), after the entry for “dispute” insert—
emergency arbitrator | section 82(1) (and see section 41A (1))
.
S. 8 not in force at Royal Assent, see s. 17(2)
S. 8 in force at 1.8.2025 by S.I. 2025/905, reg. 2