Arbitration Act 1996 (c. 23)

Part II U.K. Other provisions relating to arbitration

Domestic arbitration agreements E+W+N.I.

Prospective

87 Effectiveness of agreement to exclude court’s jurisdiction. E+W+N.I.

(1) In the case of a domestic arbitration agreement any agreement to exclude the jurisdiction of the court under—

(a) section 45 (determination of preliminary point of law), or

(b) section 69 (challenging the award: appeal on point of law),

is not effective unless entered into after the commencement of the arbitral proceedings in which the question arises or the award is made.

(2) For this purpose the commencement of the arbitral proceedings has the same meaning as in Part I (see section 14).

(3) For the purposes of this section the question whether an arbitration agreement is a domestic arbitration agreement shall be determined by reference to the facts at the time the agreement is entered into.