Scope of this part and interpretation

• 62.1 (1) This Part contains rules about arbitration claims.
• (2) In this Part –
  • (a) “the 1950 Act” means the Arbitration Act 1950;1
  • (b) “the 1975 Act” means the Arbitration Act 1975;2
  • (c) “the 1979 Act” means the Arbitration Act 1979;3
  • (d) “the 1996 Act” means the Arbitration Act 1996;4
  • (e) references to –
    • (i) the 1996 Act; or
    • (ii) any particular section of that Act include references to that Act or to the particular section of that Act as applied with modifications by the ACAS Arbitration Scheme (England and Wales) Order 2001;5 and
  • (f) “arbitration claim form” means a claim form in the form set out in the practice direction.
• (3) Part 58 (Commercial Court) applies to arbitration claims in the Commercial Court, Part 59 (Mercantile Court) applies to arbitration claims in the Mercantile Court and Part 60 (Technology and Construction Court claims) applies to arbitration claims in the Technology and Construction Court, except where this Part provides otherwise.

I Claims Under the 1996 Act

Interpretation

Starting the claim

• 62.3 (1) Except where paragraph (2) applies an arbitration claim must be started by the issue of an arbitration claim form in accordance with the Part 8 procedure.
• (2) An application under section 9 of the 1996 Act to stay legal proceedings must be made by application notice to the court dealing with those proceedings.
• (3) The courts in which an arbitration claim may be started are set out in the practice direction.
• (4)

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  Rule 30.5 applies with the modification that a judge of the Technology and Construction Court may transfer the claim to any other court or specialist list.

Arbitration claim form

Service out of the jurisdiction

Notice

• 62.6 (1) Where an arbitration claim is made under section 24, 28 or 56 of the 1996 Act, each arbitrator must be a defendant.
• (2)

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  Where notice must be given to an arbitrator or any other person it may be given by sending him a copy of –
  • (a) the arbitration claim form; and
  • (b) any written evidence in support.
• (3) Where the 1996 Act requires an application to the court to be made on notice to any other party to the arbitration, that notice must be given by making that party a defendant.

Case management

Stay of legal proceedings

• 62.8 (1) An application notice seeking a stay of legal proceedings under section 9 of the 1996 Act6 must be served on all parties to those proceedings who have given an address for service.
• (2) A copy of an application notice under paragraph (1) must be served on any other party to the legal proceedings (whether or not he is within the jurisdiction) who has not given an address for service, at –
  • (a) his last known address; or
  • (b) a place where it is likely to come to his attention.
• (3) Where a question arises as to whether –
  • (a) an arbitration agreement has been concluded; or
  • (b) the dispute which is the subject-matter of the proceedings falls within the terms of such an agreement, the court may decide that question or give directions to enable it to be decided and may order the proceedings to be stayed pending its decision.

Variation of time

Hearings

• 62.10 (1) The court may order that an arbitration claim be heard either in public or in private.

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  (2) Rule 39.2 does not apply.
• (3) Subject to any order made under paragraph (1) –
  • (a) the determination of –
    • (i) a preliminary point of law under section 45 of the 1996 Act; or
    • (ii) an appeal under section 69 of the 1996 Act on a question of law arising out of an award, will be heard in public; and
  • (b) all other arbitration claims will be heard in private.
• (4) Paragraph (3)(a) does not apply to –
  • (a) the preliminary question of whether the court is satisfied of the matters set out in section 45(2)(b); or
  • (b) an application for permission to appeal under section 69(2)(b).

II Other Arbitration Claims

Scope of this Section

• 62.11 (1) This Section of this Part contains rules about arbitration claims to which the old law applies.
• (2) In this Section
  • (a) “the old law” means the enactments specified in Schedules 3 and 4 of the 1996 Act as they were in force before their amendment or repeal by that Act; and
  • (b) “arbitration claim” means any application to the court under the old law and includes an appeal (or application for permission to appeal) to the High Court under section 1(2) of the 1979 Act.7
• (3) This Section does not apply to –
  • (a) a claim to which Section III of this Part applies; or
  • (b) a claim on the award.

Applications to judge

Starting the claim

Claims in district registries

• 62.14 If –
  • (a) a claim is to be made under section 12(4) of the 1950 Act8 for an order for the issue of a witness summons to compel the attendance of the witness before an arbitrator or umpire; and
  • (b) the attendance of the witness is required within the district of a District Registry, the claim may be started in that Registry.

Time limits and other special provisions about arbitration claims

• 62.15 (1) An arbitration claim to
  • (a) remit an award under section 22 of the 1950 Act;9
  • (b) set aside an award under section 23(2) of that Act10 or otherwise; or
  • (c) direct an arbitrator or umpire to state the reasons for an award under section 1(5) of the 1979 Act, must be made, and the arbitration claim form served, within 21 days after the award has been made and published to the parties.
• (2) An arbitration claim to determine any question of law arising in the course of a reference under section 2(1) of the Arbitration Act 1979 must be made, and the arbitration claim form served, within 14 days after –
  • (a) the arbitrator or umpire gave his consent in writing to the claim being made; or
  • (b) the other parties so consented.
• (3) An appeal under section 1(2) of the 1979 Act must be filed, and the arbitration claim form served, within 21 days after the award has been made and published to the parties.
• (4) Where reasons material to an appeal under section 1(2) of the 1979 Act are given on a date subsequent to the publication of the award, the period of 21 days referred to in paragraph (3) will run from the date on which reasons are given.
• (5) In every arbitration claim to which this rule applies –
  • (a) the arbitration claim form must state the grounds of the claim or appeal;
  • (b) where the claim or appeal is based on written evidence, a copy of that evidence must be served with the arbitration claim form; and
  • (c) where the claim or appeal is made with the consent of the arbitrator, the umpire or the other parties, a copy of every written consent must be served with the arbitration claim form.
• (6) In an appeal under section 1(2) of the 1979 Act –
  • (a) a statement of the grounds for the appeal specifying the relevant parts of the award and reasons; and
  • (b) where permission is required, any written evidence in support of the contention that the question of law concerns –
    • (i) a term of a contract; or
    • (ii) an event, which is not a “one-off” term or event, must be filed and served with the arbitration claim form.
• (7) Any written evidence in reply to written evidence under paragraph (6)(b) must be filed and served on the claimant not less than 2 days before the hearing.
• (8)

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  A party to a claim seeking permission to appeal under section 1(2) of the 1979 Act who wishes to contend that the award should be upheld for reasons not expressed or fully expressed in the award and reasons must file and serve on the claimant, a notice specifying the grounds of his contention not less than 2 days before the hearing.

Service out of the jurisdiction