SCHEDULEACAS (FLEXIBLE WORKING) ARBITRATION SCHEME

PART XXIIICHALLENGING THE AWARD

Challenges on grounds of substantive jurisdiction: English/Welsh arbitrations138EW

Section 67 of the Arbitration Act 199618 shall apply to English/Welsh arbitrations conducted in accordance with the Scheme, subject to the following modifications.

i

In subsection (1)—

a

for “(upon notice to the other parties and to the tribunal) apply to the court” substitute “(upon notice to the other party, to the arbitrator and to ACAS) apply to the High Court or the Central London County Court”;

b

for “(see section 73)” substitute “(see Part XXIV of the Scheme)”; and

c

after “section 70(2) and (3)” insert “as modified for the purposes of the Scheme”.

ii

After subsection (1) insert—

1A

In this section—

  • “Arbitration Agreement” means an agreement to refer a dispute to arbitration in accordance with, and satisfying the requirements of, the Scheme;

  • “the Scheme” means the arbitration scheme set out in the Schedule to the ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004; and

  • “substantive jurisdiction” means any issue as to—

    1. a

      the validity of the Arbitration Agreement and the application of the Scheme to the dispute or difference in question;

    2. b

      the constitution of the arbitral tribunal; or

    3. c

      the matters which have been submitted to arbitration in accordance with the Arbitration Agreement.