SCHEDULEACAS ARBITRATION SCHEME

XXV. CHALLENGING THE AWARD

Appeals on questions of EC law and the Human Rights Act 1998: English/Welsh arbitrations

200EW

Section 69 of the Arbitration Act 199612 shall apply to English/Welsh arbitrations conducted in accordance with the Scheme, subject to the following modifications—

i

In subsection (1):

a

omit “Unless otherwise agreed by the parties”;

b

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

c

for “a question of law” substitute “a question (a) of EC law, or (b) concerning the application of the Human Rights Act 1998 or (c) any devolution issue”;

d

omit “An agreement to dispense with reasons for the tribunal’s award shall be considered an agreement to exclude the court’s jurisdiction under this section.”;

ii

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

iii

omit paragraph (b) from subsection (3);

iv

in subsection (3)(c), after the words “on the basis of the findings of fact in the award” insert “, in so far as the question for appeal raises a point of EC law, the point is capable of serious argument, and in so far as the question for appeal does not raise a point of EC law”;

v

in subsection (7), omit “The court shall not exercise its power to set aside an award, 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

vi

after subsection (8), insert—

9

In this section—

  • “EC law” means—

    1. a

      any enactment in the domestic legislation of England and Wales giving effect to rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties, and

    2. b

      any such rights, powers, liabilities, obligations and restrictions which are not given effect by any such enactment;

  • “the Scheme” means the arbitration scheme set out in the Schedule to the ACAS Arbitration Scheme (Great Britain) Order 2004, and

  • “devolution issue” means a devolution issue as defined in paragraph 1 of Schedule 6 to the Scotland Act 1998 or a devolution issue as defined in paragraph 1 of Schedule 8 of the Government of Wales Act 1998.