英國(guó)仲裁法_法律資料_人文社科_專業(yè)資料

1、英國(guó)仲裁法arbitration act 1996i arbitration act 1996 jarbitration act 1996 (of england) 1996 chapter 23 17th june 1996lex mercatoriaarbitratio n her majesty's stati on ary officelm a-zlm toe lm 19*arbitration act 1996 (of england)1996 chapter 23 17th june 19961part i - arbitration pursuant to an arbi

2、tration agreement 4 introductory 5 section 1. general principles. 6 section 2. - scope of application of provisions. 11section 3. - the seat of the arbitration. 24 section 4- mandatory and non-mandatory provisions. 30 section 5- agreements to be in writing. 36 definition of arbitration agreement. 46

3、 section 6. - the arbitration agreement 47 section 7. - separability of arbitration agreement. 50 section 8. whether agreement discharged by death of a party. 52 stay of legal proceedings. 55 section 9. - stay of legal proceedings 56 sectio n 10. refere nee of in terpleader issue to arbitrati on. 62

4、 section 11. retention of security where admiralty proceedings stayed 65 commencement of arbitral proceedings 70 section 12. power of court to extend time for beginning arbitral proceedings, &c. 71section 13. - application of limitation acts. 83 section 14. commencement of arbitral proceedings.

5、97 the arbitral tribunal 103 section 15. - the arbitral tribunal. 104 section 16. procedure for appointment of arbitrators108 section 17. power in case of default to appoint sole arbitrator. 120 section 18. - failure of appointment procedure. 128 section 19. - court to have regard to agreed qualific

6、ations138 section 20. - chairman.140 section 21. umpire. 145 section 22. decision-making where no chairman or umpire. 154 section 23. revocation of arbitrator's authority157 section 24. - power of court to remove arbitrator. 167 sectio n 25. resig nation of arbitrator. 181section 26. death of ar

7、bitrator or person appointing him191section 27. - filling of vacancy, &c.194 section 28. joint and several liability of parties to arbitrators for fees and expenses.section 29. - immunity of arbitrator. 210 jurisdiction of the arbitral tribunal 214 section 30. competence of tribunal to rule on i

8、ts own jurisdiction. 215 section 31. - objection to substantive jurisdiction of tribunal. 221section 32. determination of preliminary point of jurisdiction. 229 the arbitral proceed!ngs 241section 33. - general duty of the tribunal. 242 section 34. procedural and evidential matters. 247 sectio n 35.

9、 con solidatio n of proceedi ngs and con current heari ngs 259 section 36. - legal or other representation. 265 section 37. power to appoint experts, legal advisers or assessors. 267 section 38. - general powers exercisable by the tribunal. 275 section 39. power to make provisional awards 286 sectio

10、n 40. general duty of parties 293 section 41. - powers of tribunal in case of party's default 298 powers of court in relation to arbitral proceedings 316 section 42. - enforcement of peremptory orders of tribunal. 317 section 43. securing the attendance of witnesses. 326 section 44. - court powe

11、rs exercisable in support of arbitral proceedings. 333 section 45. - determination of preliminary point of law 349 the award 360 section 46. - rules applicable to substanee of dispute 361secti on 47. awards on d iff ere nt issues, &c 367 section 48. remedies. 373 section 49. interest. 382 sectio

12、n 50. extension of time for making award. 391section 51. settlement. 400 section 52. form of award406 section 53. place where award treated as made412 section 54. - date of award. 414 section 55. - notification of award. 417 section 56. power to withhold award in case of non-payment. 421section 57.

13、correction of award or additional award 433 section 58. - effect of award. 443 costs of the arbitration 446 section 59. - costs of the arbitration447 sectio n 60. - agreeme nt to pay costs in any eve nt. 453 section 61. - award of costs. 455 section 62. effect of agreement or award about costs. 458

14、section 63. - the recoverable costs of the arbitration. 460 section 64. recoverable fees and experises of arbitrators474 section 65. power to limit recoverable costs. 481powers of the court in relation to award 484 section 66. - enforcement of the award. 485 section 67. - challenging the award: subs

15、tantive jurisdiction. 491section 68. - challenging the award: serious irregularity 501section 69. - appeal on point of law. 518 section 70. - challenge or appeal: supplementary provisions. 539 section 71. - challenge or appeal: effect of order of court. 555 miscellaneous 560section 72. - saving for

16、rights of person who takes no part in proceedings. 561section 73. loss of right to object. 571section 74. immunity of arbitral institutions, &c. 582 section 75. - charge to secure payment of solicitors1 costs 586 supplementary 590 section 76. service of notices, &c. 591section 77. powers of

17、court in relation to service of documents. 601section 78. reckoning periods of time. 608 section 79. - power of court to extend time limits relating to arbitral proceedings. 615 section 80. notice and other requirements in connection with legal proceedings. 626 sectio n 81. saving for certai n matte

18、rs governed by comm on law. 641section 82. minor definitions. 647 section 83. -1ndex of defined expressions: part i. 662 section 84. - transitional provisions. 663 part ii other provisions relating to arbitration 667 domestic arbitration agreements 668 section 85. modification of part i in relation

19、to domestic arbitration agreement 669 section 86. - staying of legal proceedings. 676 section 87- effectiveness of agreement to exclude court's jurisdiction. 683 section 88. - power to repeal or amend sections 85 to 87. 690 consumer arbitration agreements 694 section 89. - application of unfair

20、terms regulations to consumer arbitration agreements. 695 section 90. regulations apply where consumer is a legal person. 700 section 91. arbitration agreement unfair where modest amount sought 702 small claims arbitration in the county court 713 section 92. - exclusion of part i in relation to smal

21、l claims arbitration in the county court. 714 section 93. - appointment of judges as arbitratorsappointment of judges as arbitrators 717 statutory arbitrations 727 section 94. - application of part i to statutory arbitrations. 728 section 95. - general adaptation of provisions in relation to statuto

22、ry arbitrations. 738 section 96. spec訐ic adaptations of provisions in relation to statutory arbitrations. 743 section 97. - provisions excluded from applying to statutory arbitrations. 748 section 98. power to make further provision by regulations. 753 part iii - recognition and enforcement of certa

23、in foreign awards 757 enforcement of geneva convention awards 758 section 99. - continuation of part ii of the arbitration act 1950. 759 recog nition and en forceme nt of new york convention awards 762 section 100. new york convention awards 763 secti on 101. - recog nition and en forceme nt of awar

24、ds. 770 secti on 102 evidence to be produced by party seeki ng recog nition or enforceme nt. 774 sectio n 103. - refusal of recog nition or en forceme nt. 779 section 104. - saving for other bases of recognition or enforcement. 791part iv general provisions 793 section 105-meaning of nthe court11: j

25、urisdiction of high court and county court. 794 section 106 crown application. 807 section 107-consequential amendments and repeals. 814 section 108. - extent. 817 section 109 commencement. 825 section 110. - short title. 828 arbitration act 1996 (of england)1996 chapter 23 17th june 19961an act to

26、restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes.2be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiri

27、tual and temporal, and comm on s, i n this prese nt parliame nt assembled, and by the authority of the same, as follows:-3part i arbitration pursuant to an arbitration agreement4introductory5section 1. general principles.6the provisions of this part are founded on the following principles, and shall

28、 be construedaccordi ngly 7(a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense;8(b) the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public

29、 interest;9(c) in matters governed by this part the court should not intervene except as provided by this part.10section 2. scope of application of provisions.11(1) the provisions of this part apply where the seat of the arbitration is in england and wales or northern ireland.12(2) the following sec

30、tions apply even if the seat of the arbitration is outside england and wales or northern ireland or no seat has been designated or determined 13(a) sections 9 to 11 (stay of legal proceedings, &c.), and14(b) sect!on 66 (enforcement of arbitral awards).15(3) the powers conferred by the following

31、sections apply even if the seat of the arbitration is outside england and wales or northern ireland or no seat has been designated or determined -16(a) section 43 (securing the attendance of witnesses), and17(b) section 44 (court powers exercisable in support of arbitral proceedings);18but the court

32、 may refuse to exercise any such power if, in the opinion of the court, the fact that the seat of the arbitration is outside england and wales or northern ireland, or that when designated or determined the seat is likely to be outside england and wales or northern ireland, makes it in appropriate to

33、 do so.19(4) the court may exercise a power conferred by any provision of this part not mentioned in subsection (2) or (3) for the purpose of support!ng the arbitral process where -20(a) no seat of the arbitration has been designated or determined, and21(b) by reason of a connection with england and

34、 wales or northern ireland the court is satisfied that it is appropriate to do so.22(5) section 7 (separability of arbitration agreement) and section 8 (death of a party) apply where the law applicable to the arbitration agreement is the law of england and wales or northern ireland even if the seat

35、of the arbitration is outside england and wales or northern ireland or has not been designated or determined.23section 3. - the seat of the arbitration.24in this part z/the seat of the arbitration11 means the juridical seat of the arbitration designated -25(a) by the parties to the arbitration agree

36、ment, or26(b) by any arbitral or other institution or person vested by the parties with powers in that regard, or27(c) by the arbitral tribunal if so authorised by the parties,28or determi ned, i n the abse nee of any such desig nation, havi ng regard to the parties1 agreeme nt and all the releva nt

37、 circumstances29section 4- mandatory and non-mandatory provisions.30(1) the mandatory provisions of this part are listed in schedule 1 and have effect notwithstanding any agreement to the contrary.31(2) the other provisions of this part (the "non-mandatory provisionsh) allow the parties to make

38、 their own arrangements by agreement but provide rules which apply in the absenee of such agreeme nt.32(3) the parties may make such arrangements by agreeing to the application of institutional rules or providing any other means by which a matter may be decided33(4) it is immaterial whether or not t

39、he law applicable to the parties' agreement is the law of england and wales or; as the case may be, northern ireland.34(5) the choice of a law other than the law of england and wales or northern ireland as the applicable law in respect of a matter provided for by a non-mandatory provision of thi

40、s part is equivalent to an agreement making provision about that matter. for this purpose an applicable law determined in accordance with the parties* agreement or which is objectively determined in the absenee of any express or implied choice, shall be treated as chosen by the parties.35section 5-

41、agreements to be in writing.36(1) the provisions of this part apply only where the arbitration agreement is in writing, and any other agreement between the parties as to any matter is effective for the purposes of this part only if in writing. the expressions"agreement't'agree" and

42、,agreedm shall be construed accordingl y.37(2) there is an agreement in writing 38(a) if the agreement is made in writing (whether or not it is signed by the parties),39(b) if the agreement is made by exchange of communications in writing, or40(c) if the agreement is evideneed in writ!ng.41(3) where

43、 parties agree otherwise than in writing by reference to terms which are in writing, they make an agreement in writing.42(4) an agreement is evideneed in writing if an agreement made otherwise than in writing is recorded by one of the parties, or by a third party, with the authority of the parties t

44、o the agreeme nt.43(5) an exchange of written submissions in arbitral or legal proceed!ngs in which the existence of an agreement otherwise than in writing is alleged by one party against another party and not denied by the other party in his response constitutes as between those parties an agreemen

45、t in writing to the effect alleged44(6) refere nces in this part to anything being writte n or in writing in elude its being recorded by any means.45definition of arbitration agreement.46section 6 the arbitration agreement47(1) in this part an "'arbitration agreementh means an agreement to

46、submit to arbitration present or future disputes (whether they are contractual or not).48(2) the referenee in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement 訐 the referenee is such as to make that clause par

47、t of the agreement.49section 7- separability of arbitration agreement.50un less otherwise agreed by the parties, an arbitrati on agreeme nt which forms or was inten ded to form part of ano ther agreeme nt (whether or not in writing) shall not be regarded as in valid, non-existent or ineffective beca

48、use that other agreement is in valid, or did not come into existe nee or has become in effective, and it shall for that purpose be treated as a distinct agreeme nt.51section 8. whether agreement discharged by death of a party.52(1) un less otherwise agreed by the parties, an arbitratio n agreeme nt

49、is not discharged by the death of a party and may be enforced by or against the personal representatives of that party.53(2) subsection (1) does not affect the operation of any enactment or rule of law by virtue of which a substantive right or obligation is extinguished by death.54stay of legal proc

50、eedings.55section 9. - stay of legal proceedings56(1) a party to an arbitration agreement against whom legal proceedings are brought (whether by way of claim or counterclaim) in respect of a matter which under the agreement is to be referred to arbitration may (upon notice to the other parties to th

51、e proceedings) apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter.57(2) an application may be made notwithstanding that the matter is to be referred to arbitration only after the exhaustion of other dispute resolution procedures.5

52、8(3) an application may not be made by a person before taking the appropriate procedural step (if any) to ack no wledge the legal proceedi ngs agai nst him or after he has take n any step in those proceedings to answer the substantive claim59(4) on an application under this section the court shall g

53、rant a stay unless satisfied that the arbitrati on agreeme nt is null and void, in operative, or incapable of being performed.60(5) if the court refuses to stay the legal proceedings, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter i

54、s of no effect in relation to those proceedings.61section 10. - referenee of interpleader issue to arbitration.62(1) where in legal proceedi ngs relief by way of in terpleader is gra nted and any issue betwee n the claimants is one in respect of which there is an arbitration agreement between them,

55、the court granting the relief shall direct that the issue be determined in accordance with the agreement unless the circumstances are such that proceedings brought by a claimant in respect of the matter would not be stayed63(2) where subsection applies but the court does not direct that the issue be

56、 determined in accordanee with the arbitration agreement, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter shall not affect the determi nation of that issue by the court.64section 11. - retention of security where admiralty proceedings stayed65(1) where admiralty proceedings are stayed on the ground that the dispute in question should be submitted to arbitration, the court granting the stay may, if