Arbitration (International Investment Disputes) Act 1966

SupplementalU.K.

5Government contribution to expenses under the Convention.U.K.

The Treasury may discharge any obligations of Her Majesty’s Government in the United Kingdom arising under Article 17 of the Convention (which obliges the Contracting States to meet any deficit of the International Centre for Settlement of Investment Disputes established under the Convention), and any sums required for that purpose shall be met out of money provided by Parliament.

6Application to British possessions, etc.U.K.

(1)Her Majesty may by Order in Council direct that the provisions of this Act shall extend, with such exceptions, adaptations and modifications as may be specified in the Order, to—

(a)the Isle of Man,

(b)any of the Channel Islands,

(c)any colony, or any country or place outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction, or any territory consisting partly of one or more colonies and partly of one or more such countries or places.

(2)An Order in Council under this section—

(a)may contain such transitional and other supplemental provisions as appear to Her Majesty to be expedient;

(b)may be varied or revoked by a subsequent Order in Council under this section.

7Application to Scotland.U.K.

In the application of this Act to Scotland—

(a)for any reference to the High Court there shall be substituted a reference to the Court of Session;

(b)the Court of Session shall have power by Act of Sederunt to make rules for the purposes specified in section 1(6) and section 2(2) of this Act;

(c)registration under section 1 of this Act shall be effected by registering in the Books of Council and Session, or in such manner as the Court of Session may be Act of Sederunt prescribe;

(d)for any reference to the entering of a judgment there shall be substituted a reference to the signing of the interlocutor embodying the judgment;

(e)for section 3 of this Act there shall be substituted the following section:—

3Proceedings in Scotland.

(1)The Secretary of State may by order make provision, in relation to such proceedings pursuant to the Convention as are specified in the order, being proceedings taking place in Scotland, for the attendance of witnesses, the taking of evidence and the production of documents.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)An order made under this section—

(a)may be varied or revoked by a subsequent order so made, and

(b)shall be contained in a statutory instrument.

and in any reference in this Act, or in the Convention as given the force of law in Scotland by this Act, to the staying of execution or enforcement of an award registered under this Act the expression “stay” shall be construed as meaning sist.

Textual Amendments

F1S. 7(e), subsection (2) of s. 3 there set out, repealed by Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 34), s. 10(2), Sch. 2

8Application to Northern Ireland.U.K.

In the application of this Act to Northern Ireland—

(a)references to the High Court shall, unless the context otherwise requires, be construed as references to the High Court in Northern Ireland,

(b)for the references to section 99 of the M1Supreme Court of Judicature (Consolidation) Act 1925 there shall be substituted references to [F2section 55 of the Judicature (Northern Ireland) Act 1978].

[F3(c)in relation to the power by order under section 3 to direct that provisions of the Arbitration Act 1996 M2 shall apply to such proceedings pursuant to the Convention as are specified in the order, being proceedings taking place in Northern Ireland, for the reference in that section to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland;

(d)section 3(3)(b) shall not apply to an order made by the Department of Justice in Northern Ireland under section 3; but any such order shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.]

9Short title and commencement.U.K.

(1)This Act may be cited as the Arbitration (International Investment Disputes) Act 1966.

(2)This Act shall come into force on such day as Her Majesty may by Order in Council certify to be the day on which the Convention comes into force as regards the United Kingdom.