County Courts Act 1984

64 Reference to arbitration.E+W

(1)County court rules—

(a)may prescribe cases in which proceedings are (without any order of the court) to be referred to arbitration, and

(b)may prescribe the manner in which and the terms on which cases are to be so referred, and

(c)may, where cases are so referred, require other matters within the jurisdiction of the court in dispute between the parties also to be referred to arbitration.

(2)County court rules—

(a)may prescribe cases in which proceedings may be referred to arbitration by order of the court, and

(b)may authorise the court also to order other matters in dispute between the parties and within the jurisdiction of the court to be so referred.

[F1(2A)County court rules may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2).

(2B)Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence.]

(3)On a reference under subsection (1) or (2) the award of the arbitrator, arbitrators or umpire shall be entered as the judgment in the proceedings and shall be as binding and effectual to all intents, subject to subsection (4), as if it had been given by the judge.

(4)The judge may, if he thinks fit, on application made to him within such time as may be prescribed, set aside the award, or may, with the consent of the parties, revoke the reference or order another reference to be made in the manner specified in this section.

(5)In this section “award” includes an interim award.

Textual Amendments