F1PART 62ARBITRATION CLAIMS

Annotations:

I CLAIMS UNDER THE 1996 ACT

Service out of the jurisdiction62.5

1

The court may give permission to serve an arbitration claim form out of the jurisdiction if—

a

the claimant seeks to—

i

challenge; or

ii

appeal on a question of law arising out of,

an arbitration award made within the jurisdiction;

(The place where an award is treated as made is determined by section 53 of the 1996 Act.)

b

the claim is for an order under section 44 of the 1996 Act; or

c

the claimant—

i

seeks some other remedy or requires a question to be decided by the court affecting an arbitration (whether started or not), an arbitration agreement or an arbitration award; and

ii

the seat of the arbitration is or will be within the jurisdiction or the conditions in section 2(4) of the 1996 Act are satisfied.

2

An application for permission under paragraph (1) 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.

3

Rules 6.24 to 6.29 apply to the service of an arbitration claim form under paragraph (1).

4

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