SCHEDULEACAS ARBITRATION SCHEME

XXV. CHALLENGING THE AWARD

Challenges for serious irregularity: English/Welsh arbitrations

194EW

Section 68 of the Arbitration Act 199611 shall apply to English/Welsh arbitrations conducted in accordance with the Scheme, subject to the following modifications.

i

in subsection (1)—

a

for “(upon notice to the other parties and to the tribunal) apply to the court” substitute “(upon notice to the other party, to the arbitrator and to ACAS) apply to the High Court or Central London County Court”;

b

for “(see section 73)” substitute “(see Part XXVI of the Scheme)”; and

c

after “section 70(2) and (3)” insert “as modified for the purposes of the Scheme”;

ii

in subsection (2)(a), for “section 33 (general duty of tribunal)” substitute “Part X of the Scheme (General Duty of the Arbitrator)”;

iii

in subsection (2)(b), after “see section 67” insert “as modified for the purposes of the Scheme”;

iv

in subsection (2)(c), for “agreed by the parties” substitute “as set out in the Scheme”;

v

in subsection (2)(e), for “any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award” substitute “ACAS”;

vi

omit paragraph (h) from subsection (2);

vii

in subsection (2)(i), for “any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award” substitute “ACAS”;

viii

in subsection (3)(b) insert “vary the award or” before “set the award aside”;

ix

in subsection (3), omit “The court shall 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.”; and

x

after subsection (4), insert—

5

In this section, “the Scheme” means the arbitration scheme set out in the Schedule to the ACAS Arbitration Scheme (Great Britain) Order 2004.