SCHEDULEACAS ARBITRATION SCHEME

XXVIII. MISCELLANEOUS PROVISIONS

Requirements in connection with legal proceedings

217EW.  Sections 80(1), (2), (4), (5), (6) and (7) of the Arbitration Act 1996(1)shall apply to English/Welsh arbitrations conducted in accordance with the Scheme, subject to the following modification:

  • In subsection (1), for “to the other parties to the arbitral proceedings, or to the tribunal” substitute “to the other party to the arbitral proceedings, or to the arbitrator, or to ACAS”.

(1)

Sections 80(1), (2), (4), (5), (6) and (7) of the Arbitration Act 1996 provide as follows:

80.(1) References in this Part to an application, appeal or other step in relation to legal proceedings being taken “upon notice” to the other parties to the arbitral proceedings, or to the tribunal, are to such notice of the originating process as is required by rules of court and do not impose any separate requirement.

(2) Rules of court shall be made—

(a)requiring such notice to be given as indicated by any provision of this Part, and

(b)as to the manner, form and content of any such notice.

(4) References in this Part to making an application or appeal to the court within a specified period are to the issue within that period of the appropriate originating process in accordance with rules of court.

(5) Where any provision of this Part requires an application or appeal to be made to the court within a specified time, the rules of court relating to the reckoning of periods, the extending or abridging of periods, and the consequences of not taking a step within the period prescribed by the rules, apply in relation to that requirement.

(6) Provision may be made by rules of court amending the provisions of this Part—

(a)with respect to the time within which any application or appeal to the court must be made,

(b)so as to keep any provision made by this Part in relation to arbitral proceedings in step with the corresponding provision of rules of court applying in relation to proceedings in the court, or

(c)so as to keep any provision made by this Part in relation to legal proceedings in step with the corresponding provision of rules of court applying generally in relation to proceedings in the court.

(7) Nothing in this section affects the generality of the power to make rules of court.