[F1PART 62E+WARBITRATION CLAIMS

Textual Amendments

II OTHER ARBITRATION CLAIMSE+W

Scope of this SectionE+W

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.

(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 JudgeE+W

62.12  A claim—

(a)seeking permission to appeal under section 1(2) of the 1979 Act;

(b)under section 1(5) of that Act (including any claim seeking permission); or

(c)under section 5 of that Act,

must be made in the High Court and will be heard by a judge of the Commercial Court unless any such judge directs otherwise.

Starting the claimE+W

62.13—(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) Where an arbitration claim is to be made in existing proceedings—

(a)it must be made by way of application notice; and

(b)any reference in this Section of this Part to an arbitration claim form includes a reference to an application notice.

(3) The arbitration claim form in an arbitration claim under section 1(5) of the 1979 Act (including any claim seeking permission) must be served on—

(a)the arbitrator or umpire; and

(b)any other party to the reference.

Claims in District RegistriesE+W

62.14  If—

(a)a claim is to be made under section 12(4) of the 1950 Act 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 claimsE+W

62.15—(1) An arbitration claim to—

(a)remit an award under section 22 of the 1950 Act;

(b)set aside an award under section 23(2) of that Act 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) 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 jurisdictionE+W

62.16—(1) Subject to paragraph (2)—

(a)any arbitration claim form in an arbitration claim under the 1950 Act or the 1979 Act; or

(b)any order made in such a claim,

may be served out of the jurisdiction with the permission of the court if the arbitration to which the claim relates—

(i)is governed by the law of England and Wales; or

(ii)has been, is being, or will be, held within the jurisdiction.

(2) An arbitration claim form seeking permission to enforce an award may be served out of the jurisdiction with the permission of the court whether or not the arbitration is governed by the law of England and Wales.

(3) An application for permission to serve an arbitration claim form out of the jurisdiction must be supported by written evidence—

(a)stating the grounds on which the application is made; and

(b)showing in what place or country the person to be served is, or probably may be found.

(4) Rules [F26.40 to 6.46] apply to the service of an arbitration claim form under paragraph (1).

(5) An order giving permission to serve an arbitration claim form out of the jursidiction must specify the period within which the defendant may file an acknowledgment of service.]

Textual Amendments