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Arbitration Act 1996

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Changes over time for: Section 42

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Arbitration Act 1996, Section 42 is up to date with all changes known to be in force on or before 12 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

42 Enforcement of peremptory orders of tribunal.E+W+N.I.

(1)Unless otherwise agreed by the parties, the court may make an order requiring a party to comply with a peremptory order made by the tribunal.

(2)An application for an order under this section may be made—

(a)by the tribunal (upon notice to the parties),

(b)by a party to the arbitral proceedings with the permission of the tribunal (and upon notice to the other parties), or

(c)where the parties have agreed that the powers of the court under this section shall be available.

(3)The court shall not act unless it is satisfied that the applicant has exhausted any available arbitral process in respect of failure to comply with the tribunal’s order.

(4)No order shall be made under this section unless the court is satisfied that the person to whom the tribunal’s order was directed has failed to comply with it within the time prescribed in the order or, if no time was prescribed, within a reasonable time.

(5)The leave of the court is required for any appeal from a decision of the court under this section.

Modifications etc. (not altering text)

C1Power to apply conferred (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24) (with s. 81(2)); S.I. 1996/3146, art. 3 (with art. 4, Sch. 2)

C2S. 42 applied (with modifications)(E.W.)(1.5.1998) by S.I. 1998/649, art. 2, Sch. Pt. 1 para.24

C3Power to apply conferred (31.1.1997) by 1988 c. 8, s. 6(1)(as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 49) (with s. 81(2)); S.I. 1996/3146, art. 3 (with art. 4, Sch. 2)

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