Arbitration Act 1996(英国仲裁法)

Arbitration Act 1996

An Act to 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. [17th June 1996]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

PART I ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT

Introductory

General principles.

1. The provisions of this Part are founded on the following principles, and shall be construed accordingly-

(a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without

unnecessary delay or expense;

(b) the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are

necessary in the public interest;

(c) in matters governed by this Part the court should not intervene except as provided by this Part.

Scope of application of provisions.

2(1) The provisions of this Part apply where the seat of the arbitration is in England and Wales or Northern Ireland.

2(2) The following 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-

(a) sections 9 to 11 (stay of legal proceedings, &c.), and

(b) section 66 (enforcement of arbitral awards).

2(3) The powers conferred by the following 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-

(a) section 43 (securing the attendance of witnesses), and

(b) section 44 (court powers exercisable in support of arbitral proceedings);

but the court 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 inappropriate to do so.

2(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 supporting the arbitral process where-

(a) no seat of the arbitration has been designated or determined, and

(b) by reason of a connection with England and Wales or Northern Ireland the court is satisfied that it is

appropriate to do so.

2(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 of the arbitration is outside England and Wales or Northern Ireland or has not been designated or determined.

The seat of the arbitration.

3. In this Part "the seat of the arbitration" means the juridical seat of the arbitration designated-

(a) by the parties to the arbitration agreement, or

(b) by any arbitral or other institution or person vested by the parties with powers in that regard, or

(c) by the arbitral tribunal if so authorised by the parties,

or determined, in the absence of any such designation, having regard to the parties' agreement and all the relevant circumstances.

Mandatory and non-mandatory provisions.

4.(1) The mandatory provisions of this Part are listed in Schedule 1 and have effect notwithstanding any agreement to

the contrary.

4(2) The other provisions of this Part (the "non-mandatory provisions") allow the parties to make their own arrangements by agreement but provide rules which apply in the absence of such agreement.

4(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 decided.

4(4) It is immaterial whether or not the law applicable to the parties' agreement is the law of England and Wales or, as the case may be, Northern Ireland.

4(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 this 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

Agreements to be in writing.

5(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", "agree" and "agreed" shall be construed accordingly.

5(2) There is an agreement in writing-

(a) if the agreement is made in writing (whether or not it is signed by the parties),

(b) if the agreement is made by exchange of communications in writing, or

(c) if the agreement is evidenced in writing.

5(3) Where parties agree otherwise than in writing by reference to terms which are in writing, they make an agreement in writing.

5(4) An agreement is evidenced 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 to the agreement.

5(5) An exchange of written submissions in arbitral or legal proceedings 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 agreement in writing to the effect alleged.

5(6) References in this Part to anything being written or in writing include its being recorded by any means.

The arbitration agreement

Definition of arbitration agreement.

6(1) In this Part an "arbitration agreement" means an agreement to submit to arbitration present or future disputes (whether they are contractual or not).

6(2) The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement. Separability of arbitration agreement.

7. Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part of

another agreement (whether or not in writing) shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and it shall for that purpose be treated as a distinct agreement.

Whether agreement discharged by death of a party.

8(1) Unless otherwise agreed by the parties, an arbitration agreement is not discharged by the death of a party and may be enforced by or against the personal representatives of that party.

8(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.

Stay of legal proceedings

Stay of legal proceedings.

9.(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 the proceedings) apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter.

9(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.

9(3) An application may not be made by a person before taking the appropriate procedural step (if any) to acknowledge the legal proceedings against him or after he has taken any step in those proceedings to answer the substantive claim.

9(4) On an application under this section the court shall grant a stay unless satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed.

9(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 is of no effect in relation to those proceedings.

Reference of interpleader issue to arbitration.

10.(1) Where in legal proceedings relief by way of interpleader is granted and any issue between the claimants is one in

respect of which there is an arbitration agreement between them, 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 stayed.

10(2) Where subsection (1) applies but the court does not direct that the issue be determined in accordance 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 determination of that issue by the court.

Retention of security where Admiralty proceedings stayed.

11(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 in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest-

(a) order that the property arrested be retained as security for the satisfaction of any award given in the

arbitration in respect of that dispute, or

(b) order that the stay of those proceedings be conditional on the provision of equivalent security for the

satisfaction of any such award.

11(2) Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order as would apply if it were held for the purposes of proceedings in the court making the order.

Power of court to extend time for beginning arbitral proceedings.

12.(1) Where an arbitration agreement to refer future disputes to arbitration provides that a claim shall be barred, or the

claimant's right extinguished, unless the claimant takes within a time fixed by the agreement some step-

(a) to begin arbitral proceedings, or

(b) to begin other dispute resolution procedures which must be exhausted before arbitral proceedings can be

begun,

the court may by order extend the time for taking that step.

12(2) Any party to the arbitration agreement may apply for such an order (upon notice to the other parties), but only after a claim has arisen and after exhausting any available arbitral process for obtaining an extension of time.

12(3) The court shall make an order only if satisfied-

(a) that the circumstances are such as were outside the reasonable contemplation of the parties when they

agreed the provision in question, and that it would be just to extend the time, or

(b) that the conduct of one party makes it unjust to hold the other party to the strict terms of the provision in

question.

12(4) The court may extend the time for such period and on such terms as it thinks fit, and may do so whether or not the time previously fixed (by agreement or by a previous order) has expired.

12(5) An order under this section does not affect the operation of the Limitation Acts (see section 13).

12(6) The leave of the court is required for any appeal from a decision of the court under this section.

Application of Limitation Acts.

13(1) The Limitation Acts apply to arbitral proceedings as they apply to legal proceedings.

13(2) The court may order that in computing the time prescribed by the Limitation Acts for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject matter-

(a) of an award which the court orders to be set aside or declares to be of no effect, or

(b) of the affected part of an award which the court orders to be set aside in part, or declares to be in part of no

effect,

the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or

(b) shall be excluded.

13(3) In determining for the purposes of the Limitation Acts when a cause of action accrued, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of a matter to which an arbitration agreement applies shall be disregarded.

13(4) In this Part "the Limitation Acts" means-

(a) in England and Wales, the Limitation Act 1980, the Foreign Limitation Periods Act 1984 and any other

enactment (whenever passed) relating to the limitation of actions;

(b) in Northern Ireland, the Limitation (Northern Ireland) Order 1989, the Foreign Limitation Periods

(Northern Ireland) Order 1985 and any other enactment (whenever passed) relating to the limitation of

actions.

Commencement of arbitral proceedings.

14(1) The parties are free to agree when arbitral proceedings are to be regarded as commenced for the purposes of this Part and for the purposes of the Limitation Acts.

14(2) If there is no such agreement the following provisions apply.

14(3) Where the arbitrator is named or designated in the arbitration agreement, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties a notice in writing requiring him or them to submit that matter to the person so named or designated.

14(4) Where the arbitrator or arbitrators are to be appointed by the parties, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties notice in writing requiring him or them to

14(5) Where the arbitrator or arbitrators are to be appointed by a person other than a party to the proceedings, arbitral proceedings are commenced in respect of a matter when one party gives notice in writing to that person requesting him to make the appointment in respect of that matter.

The arbitral tribunal

The arbitral tribunal.

15.(1) The parties are free to agree on the number of arbitrators to form the tribunal and whether there is to be a

chairman or umpire.

15(2) Unless otherwise agreed by the parties, an agreement that the number of arbitrators shall be two or any other even number shall be understood as requiring the appointment of an additional arbitrator as chairman of the tribunal.

15(3) If there is no agreement as to the number of arbitrators, the tribunal shall consist of a sole arbitrator.

Procedure for appointment of arbitrators.

16(1) The parties are free to agree on the procedure for appointing the arbitrator or arbitrators, including the procedure for appointing any chairman or umpire.

16(2) If or to the extent that there is no such agreement, the following provisions apply.

16(3) If the tribunal is to consist of a sole arbitrator, the parties shall jointly appoint the arbitrator not later than 28 days after service of a request in writing by either party to do so.

16(4) If the tribunal is to consist of two arbitrators, each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so.

16(5) If the tribunal is to consist of three arbitrators-

(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either

party to do so, and

(b) the two so appointed shall forthwith appoint a third arbitrator as the chairman of the tribunal.

16(6) If the tribunal is to consist of two arbitrators and an umpire-

(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either

party to do so, and

(b) the two so appointed may appoint an umpire at any time after they themselves are appointed and shall do so

before any substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration.

16(7) In any other case (in particular, if there are more than two parties) section 18 applies as in the case of a failure of the agreed appointment procedure.

Power in case of default to appoint sole arbitrator.

17.(1) Unless the parties otherwise agree, where each of two parties to an arbitration agreement is to appoint an

arbitrator and one party ("the party in default") refuses to do so, or fails to do so within the time specified, the other party, having duly appointed his arbitrator, may give notice in writing to the party in default that he proposes to appoint his arbitrator to act as sole arbitrator.

17(2) If the party in default does not within 7 clear days of that notice being given-

(a) make the required appointment, and

(b) notify the other party that he has done so,

the other party may appoint his arbitrator as sole arbitrator whose award shall be binding on both parties as if he had been so appointed by agreement.

17(3) Where a sole arbitrator has been appointed under subsection (2), the party in default may (upon notice to the appointing party) apply to the court which may set aside the appointment.

17(4) The leave of the court is required for any appeal from a decision of the court under this section.

Failure of appointment procedure.

18.(1) The parties are free to agree what is to happen in the event of a failure of the procedure for the appointment of the

arbitral tribunal.

There is no failure if an appointment is duly made under section 17 (power in case of default to appoint sole arbitrator), unless that appointment is set aside.

18(2) If or to the extent that there is no such agreement any party to the arbitration agreement may (upon notice to the other parties) apply to the court to exercise its powers under this section.

18(3) Those powers are-

(a) to give directions as to the making of any necessary appointments;

(b) to direct that the tribunal shall be constituted by such appointments (or any one or more of them) as have

been made;

(c) to revoke any appointments already made;

(d) to make any necessary appointments itself.

18(4) An appointment made by the court under this section has effect as if made with the agreement of the parties.

Court to have regard to agreed qualifications.

19. In deciding whether to exercise, and in considering how to exercise, any of its powers under section 16

(procedure for appointment of arbitrators) or section 18 (failure of appointment procedure), the court shall have due regard to any agreement of the parties as to the qualifications required of the arbitrators.

Chairman.

20(1) Where the parties have agreed that there is to be a chairman, they are free to agree what the functions of the chairman are to be in relation to the making of decisions, orders and awards.

20(2) If or to the extent that there is no such agreement, the following provisions apply.

20(3) Decisions, orders and awards shall be made by all or a majority of the arbitrators (including the chairman).

20(4) The view of the chairman shall prevail in relation to a decision, order or award in respect of which there is neither unanimity nor a majority under subsection (3).

Umpire.

21.(1) Where the parties have agreed that there is to be an umpire, they are free to agree what the functions of the umpire

are to be, and in particular-

(a) whether he is to attend the proceedings, and

(b) when he is to replace the other arbitrators as the tribunal with power to make decisions, orders and awards. 21(2) If or to the extent that there is no such agreement, the following provisions apply.

21(3) The umpire shall attend the proceedings and be supplied with the same documents and other materials as are supplied to the other arbitrators.

21(4) Decisions, orders and awards shall be made by the other arbitrators unless and until they cannot agree on a matter relating to the arbitration.

In that event they shall forthwith give notice in writing to the parties and the umpire, whereupon the umpire shall replace them as the tribunal with power to make decisions, orders and awards as if he were sole arbitrator.

21(5) If the arbitrators cannot agree but fail to give notice of that fact, or if any of them fails to join in the giving of notice, any party to the arbitral proceedings may (upon notice to the other parties and to the tribunal) apply to the court which may order that the umpire shall replace the other arbitrators as the tribunal with power to make decisions, orders and awards as if he were sole arbitrator.

21(6) The leave of the court is required for any appeal from a decision of the court under this section.

Decision making where no chairman or umpire.

22(1) Where the parties agree that there shall be two or more arbitrators with no chairman or umpire, the parties are free to agree how the tribunal is to make decisions, orders and awards.

22(2) If there is no such agreement, decisions, orders and awards shall be made by all or a majority of the arbitrators. Revocation of arbitrator's authority.

23.(1) The parties are free to agree in what circumstances the authority of an arbitrator may be revoked.

23(2) If or to the extent that there is no such agreement the following provisions apply.

23(3) The authority of an arbitrator may not be revoked except-

(a) by the parties acting jointly, or

(b) by an arbitral or other institution or person vested by the parties with powers in that regard.

23(4) Revocation of the authority of an arbitrator by the parties acting jointly must be agreed in writing unless the parties also agree (whether or not in writing) to terminate the arbitration agreement.

23(5) Nothing in this section affects the power of the court-

(a) to revoke an appointment under section 18 (powers exercisable in case of failure of appointment

procedure), or

(b) to remove an arbitrator on the grounds specified in section 24.

Power of court to remove arbitrator.

24.(1) A party to arbitral proceedings may (upon notice to the other parties, to the arbitrator concerned and to any other

arbitrator) apply to the court to remove an arbitrator on any of the following grounds-

(a) that circumstances exist that give rise to justifiable doubts as to his impartiality;

(b) that he does not possess the qualifications required by the arbitration agreement;

(c) that he is physically or mentally incapable of conducting the proceedings or there are justifiable doubts as

to his capacity to do so;

(d) that he has refused or failed-

(i) properly to conduct the proceedings, or

(ii) to use all reasonable despatch in conducting the proceedings or making an award, and that substantial injustice has been or will be caused to the applicant.

24(2) If there is an arbitral or other institution or person vested by the parties with power to remove an arbitrator, the court shall not exercise its power of removal unless satisfied that the applicant has first exhausted any available recourse to that institution or person.

24(3) The arbitral tribunal may continue the arbitral proceedings and make an award while an application to the court under this section is pending.

24(4) Where the court removes an arbitrator, it may make such order as it thinks fit with respect to his entitlement (if any) to fees or expenses, or the repayment of any fees or expenses already paid.

24(5) The arbitrator concerned is entitled to appear and be heard by the court before it makes any order under this section.

24(6) The leave of the court is required for any appeal from a decision of the court under this section.

Resignation of arbitrator.

25(1) The parties are free to agree with an arbitrator as to the consequences of his resignation as regards-

(a) his entitlement (if any) to fees or expenses, and

(b) any liability thereby incurred by him.

25(2) If or to the extent that there is no such agreement the following provisions apply.

25(3) An arbitrator who resigns his appointment may (upon notice to the parties) apply to the court-

(a) to grant him relief from any liability thereby incurred by him, and

(b) to make such order as it thinks fit with respect to his entitlement (if any) to fees or expenses or the repayment of

any fees or expenses already paid.

25(4) If the court is satisfied that in all the circumstances it was reasonable for the arbitrator to resign, it may grant such relief as is mentioned in subsection (3)(a) on such terms as it thinks fit.

25(5) The leave of the court is required for any appeal from a decision of the court under this section.

Death of arbitrator or person appointing him.

26(1) The authority of an arbitrator is personal and ceases on his death.

26(2) Unless otherwise agreed by the parties, the death of the person by whom an arbitrator was appointed does not revoke the arbitrator's authority.

Filling of vacancy, &c.

27(1) Where an arbitrator ceases to hold office, the parties are free to agree-

(a) whether and if so how the vacancy is to be filled,

(b) whether and if so to what extent the previous proceedings should stand, and

(c) what effect (if any) his ceasing to hold office has on any appointment made by him (alone or jointly).

27(2) If or to the extent that there is no such agreement, the following provisions apply.

27(3) The provisions of sections 16 (procedure for appointment of arbitrators) and 18 (failure of appointment procedure) apply in relation to the filling of the vacancy as in relation to an original appointment.

27(4) The tribunal (when reconstituted) shall determine whether and if so to what extent the previous proceedings should stand.

This does not affect any right of a party to challenge those proceedings on any ground which had arisen before the arbitrator ceased to hold office.

27(5) His ceasing to hold office does not affect any appointment by him (alone or jointly) of another arbitrator, in particular any appointment of a chairman or umpire.

Joint and several liability of parties to arbitrators for fees and expenses.

28(1) The parties are jointly and severally liable to pay to the arbitrators such reasonable fees and expenses (if any) as are appropriate in the circumstances.

28(2) Any party may apply to the court (upon notice to the other parties and to the arbitrators) which may order that the amount of the arbitrators' fees and expenses shall be considered and adjusted by such means and upon such terms as it may direct.

28(3) If the application is made after any amount has been paid to the arbitrators by way of fees or expenses, the court may order the repayment of such amount (if any) as is shown to be excessive, but shall not do so unless it is shown that it is reasonable in the circumstances to order repayment.

28(4) The above provisions have effect subject to any order of the court under section 24(4) or 25(3)(b) (order as to entitlement to fees or expenses in case of removal or resignation of arbitrator).

28(5) Nothing in this section affects any liability of a party to any other party to pay all or any of the costs of the arbitration (see sections 59 to 65) or any contractual right of an arbitrator to payment of his fees and expenses.

28(6) In this section references to arbitrators include an arbitrator who has ceased to act and an umpire who has not replaced the other arbitrators.

Immunity of arbitrator.

29(1) An arbitrator is not liable for anything done or omitted in the discharge or purported discharge of his functions as arbitrator unless the act or omission is shown to have been in bad faith.

29(2) Subsection (1) applies to an employee or agent of an arbitrator as it applies to the arbitrator himself.

29(3) This section does not affect any liability incurred by an arbitrator by reason of his resigning (but see section 25).

Jurisdiction of the arbitral tribunal

Competence of tribunal to rule on its own jurisdiction.

30(1) `Unless otherwise agreed by the parties, the arbitral tribunal may rule on its own substantive jurisdiction, that is, as to-

(a) whether there is a valid arbitration agreement,

(b) whether the tribunal is properly constituted, and

(c) what matters have been submitted to arbitration in accordance with the arbitration agreement.

30(2) Any such ruling may be challenged by any available arbitral process of appeal or review or in accordance with the provisions of this Part.

Objection to substantive jurisdiction of tribunal.

31(1) An objection that the arbitral tribunal lacks substantive jurisdiction at the outset of the proceedings must, be raised by a party not later than the time he takes the first step in the proceedings to contest the merits of any matter in relation to which he challenges the tribunal's jurisdiction.

A party is not precluded from raising such an objection by the fact that he has appointed or participated in the

appointment of an arbitrator.

31(2) Any objection during the course of the arbitral proceedings that the arbitral tribunal is exceeding its substantive jurisdiction must be made as soon as possible after the matter alleged to be beyond its jurisdiction is raised.

31(3) The arbitral tribunal may admit an objection later than the time specified in subsection (1) or (2) if it considers the delay justified.

31(4) Where an objection is duly taken to the tribunal's substantive jurisdiction and the tribunal has power to rule on its own jurisdiction, it may-

(a) rule on the matter in an award as to jurisdiction, or

(b) deal with the objection in its award on the merits.

If the parties agree which of these courses the tribunal should take, the tribunal shall proceed accordingly.

31(5) The tribunal may in any case, and shall if the parties so agree, stay proceedings whilst an application is made to the court under section 32 (determination of preliminary point of jurisdiction).

Determination of preliminary point of jurisdiction.

32(1) The court may, on the application of a party to arbitral proceedings (upon notice to the other parties), determine any question as to the substantive jurisdiction of the tribunal.

A party may lose the right to object (see section 73).

31(2) An application under this section shall not be considered unless-

(a) it is made with the agreement in writing of all the other parties to the proceedings, or

(b) it is made with the permission of the tribunal and the court is satisfied-

(i) that the determination of the question is likely to produce substantial savings in costs,

(ii) that the application was made without delay, and

(iii) that there is good reason why the matter should be decided by the court.

31(3) An application under this section, unless made with the agreement of all the other parties to the proceedings, shall state the grounds on which it is said that the matter should be decided by the court.

31(4) Unless otherwise agreed by the parties, the arbitral tribunal may continue the arbitral proceedings and make an award while an application to the court under this section is pending.

31(5) Unless the court gives leave, no appeal lies from a decision of the court whether the conditions specified in subsection (2) are met.

31(6) The decision of the court on the question of jurisdiction shall be treated as a judgment of the court for the purposes of an appeal.

But no appeal lies without the leave of the court which shall not be given unless the court considers that the question involves a point of law which is one of general importance or is one which for some other special reason should be considered by the Court of Appeal.

General duty of the tribunal.

33(1) The tribunal shall-

(a) act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting his

case and dealing with that of his opponent, and

(b) adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay or expense,

so as to provide a fair means for the resolution of the matters falling to be determined.

33(2) The tribunal shall comply with that general duty in conducting the arbitral proceedings, in its decisions on matters of procedure and evidence and in the exercise of all other powers conferred on it.

Procedural and evidential matters.

34(1) It shall be for the tribunal to decide all procedural and evidential matters, subject to the right of the parties to agree any matter.

34(2) Procedural and evidential matters include-

(a) when and where any part of the proceedings is to be held;

(b) the language or languages to be used in the proceedings and whether translations of any relevant documents

are to be supplied;

(c) whether any and if so what form of written statements of claim and defence are to be used, when these

should be supplied and the extent to which such statements can be later amended;

(d) whether any and if so which documents or classes of documents should be disclosed between and produced

by the parties and at what stage;

(e) whether any and if so what questions should be put to and answered by the respective parties and when and

in what form this should be done;

(f) whether to apply strict rules of evidence (or any other rules) as to the admissibility, relevance or weight of

any material (oral, written or other) sought to be tendered on any matters of fact or opinion, and the time,

manner and form in which such material should be exchanged and presented;

(g) whether and to what extent the tribunal should itself take the initiative in ascertaining the facts and the law;

(h) whether and to what extent there should be oral or written evidence or submissions.

34(3) The tribunal may fix the time within which any directions given by it are to be complied with, and may if it thinks fit extend the time so fixed (whether or not it has expired).

Consolidation of proceedings and concurrent hearings.

35(1) The parties are free to agree-

(a) that the arbitral proceedings shall be consolidated with other arbitral proceedings, or

(b) that concurrent hearings shall be held,

on such terms as may be agreed.

35(2) Unless the parties agree to confer such power on the tribunal, the tribunal has no power to order consolidation of proceedings or concurrent hearings.

Legal or other representation.

36. Unless otherwise agreed by the parties, a party to arbitral proceedings may be represented in the proceedings by a

lawyer or other person chosen by him.

Power to appoint experts, legal advisers or assessors.

37(1) Unless otherwise agreed by the parties-

(a) the tribunal may-

(i) appoint experts or legal advisers to report to it and the parties, or

(ii) appoint assessors to assist it on technical matters,

and may allow any such expert, legal adviser or assessor to attend the proceedings; and

(b) the parties shall be given a reasonable opportunity to comment on any information, opinion or advice

offered by any such person.

37(2) The fees and expenses of an expert, legal adviser or assessor appointed by the tribunal for which the arbitrators are liable are expenses of the arbitrators for the purposes of this Part.

General powers exercisable by the tribunal.

38(1) The parties are free to agree on the powers exercisable by the arbitral tribunal for the purposes of and in relation to the proceedings.

38(2) Unless otherwise agreed by the parties the tribunal has the following powers.

38(3) The tribunal may order a claimant to provide security for the costs of the arbitration.

This power shall not be exercised on the ground that the claimant is-

(a) an individual ordinarily resident outside the United Kingdom, or

(b) a corporation or association incorporated or formed under the law of a country outside the United

38(4) The tribunal may give directions in relation to any property which is the subject of the proceedings or as to which any question arises in the proceedings, and which is owned by or is in the possession of a party to the proceedings-

(a) for the inspection, photographing, preservation, custody or detention of the property by the tribunal, an

expert or a party, or

(b) ordering that samples be taken from, or any observation be made of or experiment conducted upon, the

property.

38(5) The tribunal may direct that a party or witness shall be examined on oath or affirmation, and may for that purpose administer any necessary oath or take any necessary affirmation.

38(6) The tribunal may give directions to a party for the preservation for the purposes of the proceedings of any evidence in his custody or control.

Power to make provisional awards.

39(1) The parties are free to agree that the tribunal shall have power to order on a provisional basis any relief which it would have power to grant in a final award.

39(2) This includes, for instance, making-

(a) a provisional order for the payment of money or the disposition of property as between the parties, or

(b) an order to make an interim payment on account of the costs of the arbitration.

39(3) Any such order shall be subject to the tribunal's final adjudication; and the tribunal's final award, on the merits or as to costs, shall take account of any such order.

39(4) Unless the parties agree to confer such power on the tribunal, the tribunal has no such power.

This does not affect its powers under section 47 (awards on different issues, &c.).

General duty of parties.

40(1) The parties shall do all things necessary for the proper and expeditious conduct of the arbitral proceedings.

40(2) This includes-

(a) complying without delay with any determination of the tribunal as to procedural or evidential matters, or

with any order or directions of the tribunal, and

(b) where appropriate, taking without delay any necessary steps to obtain a decision of the court on a

preliminary question of jurisdiction or law (see sections 32 and 45).

Powers of tribunal in case of party's default.

41(1) The parties are free to agree on the powers of the tribunal in case of a party's failure to do something necessary for the proper and expeditious conduct of the arbitration.

41(2) Unless otherwise agreed by the parties, the following provisions apply.

41(3) If the tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing his claim and that the delay-

(a) gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the

issues in that claim, or

(b) has caused, or is likely to cause, serious prejudice to the respondent,

the tribunal may make an award dismissing the claim.

41(4) If without showing sufficient cause a party-

(a) fails to attend or be represented at an oral hearing of which due notice was given, or

(b) where matters are to be dealt with in writing, fails after due notice to submit written evidence or make

written submissions,

the tribunal may continue the proceedings in the absence of that party or, as the case may be, without any written evidence or submissions on his behalf, and may make an award on the basis of the evidence before it.

41(5) If without showing sufficient cause a party fails to comply with any order or directions of the tribunal, the tribunal may make a peremptory order to the same effect, prescribing such time for compliance with it as the tribunal considers appropriate.

41(6) If a claimant fails to comply with a peremptory order of the tribunal to provide security for costs, the tribunal may make an award dismissing his claim.

41(7) If a party fails to comply with any other kind of peremptory order, then, without prejudice to section 42 (enforcement by court of tribunal's peremptory orders), the tribunal may do any of the following-

(a) direct that the party in default shall not be entitled to rely upon any allegation or material which was the

subject matter of the order;

(b) draw such adverse inferences from the act of non-compliance as the circumstances justify;

(c) proceed to an award on the basis of such materials as have been properly provided to it;

(d) make such order as it thinks fit as to the payment of costs of the arbitration incurred in consequence of the

Powers of court in relation to arbitral proceedings

Enforcement of peremptory orders of tribunal.

42(1) Unless otherwise agreed by the parties, the court may make an order requiring a party to comply with a peremptory order made by the tribunal.

42(2) An application for an order under this section may be made-

(a) by the tribunal (upon notice to the parties),

(b) by a party to the arbitral proceedings with the permission of the tribunal (and upon notice to the other

parties), or

(c) where the parties have agreed that the powers of the court under this section shall be available.

42(3) The court shall not act unless it is satisfied that the applicant has exhausted any available arbitral process in respect of failure to comply with the tribunal's order.

42(4) No order shall be made under this section unless the court is satisfied that the person to whom the tribunal's order was directed has failed to comply with it within the time prescribed in the order or, if no time was prescribed, within a reasonable time.

42(5) The leave of the court is required for any appeal from a decision of the court under this section.

Securing the attendance of witnesses.

43(1) A party to arbitral proceedings may use the same court procedures as are available in relation to legal proceedings to secure the attendance before the tribunal of a witness in order to give oral testimony or to produce documents or other material evidence.

43(2) This may only be done with the permission of the tribunal or the agreement of the other parties.

43(3) The court procedures may only be used if-

(a) the witness is in the United Kingdom, and

(b) the arbitral proceedings are being conducted in England and Wales or, as the case may be, Northern

Ireland.

43(4) A person shall not be compelled by virtue of this section to produce any document or other material evidence which he could not be compelled to produce in legal proceedings.

Court powers exercisable in support of arbitral proceedings.

44(1) Unless otherwise agreed by the parties, the court has for the purposes of and in relation to arbitral proceedings the same power of making orders about the matters listed below as it has for the purposes of and in relation to legal proceedings.

44(2) Those matters are-

(a) the taking of the evidence of witnesses;

(b) the preservation of evidence;

(c) making orders relating to property which is the subject of the proceedings or as to which any question

arises in the proceedings-

(i) for the inspection, photographing, preservation, custody or detention of the property, or

(ii) ordering that samples be taken from, or any observation be made of or experiment conducted upon, the property;

and for that purpose authorising any person to enter any premises in the possession or control of a party to

the arbitration;

(d) the sale of any goods the subject of the proceedings;

(e) the granting of an interim injunction or the appointment of a receiver.

44(3) If the case is one of urgency, the court may, on the application of a party or proposed party to the arbitral proceedings, make such orders as it thinks necessary for the purpose of preserving evidence or assets.

44(4) If the case is not one of urgency, the court shall act only on the application of a party to the arbitral proceedings (upon notice to the other parties and to the tribunal) made with the permission of the tribunal or the agreement in writing of the other parties.

44(5) In any case the court shall act only if or to the extent that the arbitral tribunal, and any arbitral or other institution or person vested by the parties with power in that regard, has no power or is unable for the time being to act effectively.

44(6) If the court so orders, an order made by it under this section shall cease to have effect in whole or in part on the order of the tribunal or of any such arbitral or other institution or person having power to act in relation to the subject-matter of the order.

44(7) The leave of the court is required for any appeal from a decision of the court under this section.

Determination of preliminary point of law.

45(1) Unless otherwise agreed by the parties, the court may on the application of a party to arbitral proceedings (upon notice to the other parties) determine any question of law arising in the course of the proceedings which the court is satisfied substantially affects the rights of one or more of the parties.

An agreement to dispense with reasons for the tribunal's award shall be considered an agreement to exclude the court's jurisdiction under this section.

45(2) An application under this section shall not be considered unless-

(a) it is made with the agreement of all the other parties to the proceedings, or

(b) it is made with the permission of the tribunal and the court is satisfied-

(i) that the determination of the question is likely to produce substantial savings in costs, and

(ii) that the application was made without delay.

45(3) The application shall identify the question of law to be determined and, unless made with the agreement of all the other parties to the proceedings, shall state the grounds on which it is said that the question should be decided by the court.

45(4) Unless otherwise agreed by the parties, the arbitral tribunal may continue the arbitral proceedings and make an award while an application to the court under this section is pending.

45(5) Unless the court gives leave, no appeal lies from a decision of the court whether the conditions specified in subsection (2) are met.

45(6) The decision of the court on the question of law shall be treated as a judgment of the court for the purposes of an appeal.

But no appeal lies without the leave of the court which shall not be given unless the court considers that the question is one of general importance, or is one which for some other special reason should be considered by the Court of Appeal.

The award

Rules applicable to substance of dispute.

46(1) The arbitral tribunal shall decide the dispute-

(a) in accordance with the law chosen by the parties as applicable to the substance of the dispute, or

(b) if the parties so agree, in accordance with such other considerations as are agreed by them or determined by

the tribunal.

46(2) For this purpose the choice of the laws of a country shall be understood to refer to the substantive laws of that country and not its conflict of laws rules.

46(3) If or to the extent that there is no such choice or agreement, the tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.

Awards on different issues, &c.

47(1) Unless otherwise agreed by the parties, the tribunal may make more than one award at different times on different aspects of the matters to be determined.

47(2) The tribunal may, in particular, make an award relating-

(a) to an issue affecting the whole claim, or

(b) to a part only of the claims or cross-claims submitted to it for decision.

47(3) If the tribunal does so, it shall specify in its award the issue, or the claim or part of a claim, which is the subject matter of the award.

Remedies.

48.(1) The parties are free to agree on the powers exercisable by the arbitral tribunal as regards remedies.

48(2) Unless otherwise agreed by the parties, the tribunal has the following powers.

48(3) The tribunal may make a declaration as to any matter to be determined in the proceedings.

48(4) The tribunal may order the payment of a sum of money, in any currency.

48(5) The tribunal has the same powers as the court-

(a) to order a party to do or refrain from doing anything;

(b) to order specific performance of a contract (other than a contract relating to land);

(c) to order the rectification, setting aside or cancellation of a deed or other document.

Interest.

49(1) The parties are free to agree on the powers of the tribunal as regards the award of interest.

49(2) Unless otherwise agreed by the parties the following provisions apply.

49(3) The tribunal may award simple or compound interest from such dates, at such rates and with such rests as it considers meets the justice of the case-

(a) on the whole or part of any amount awarded by the tribunal, in respect of any period up to the date of the

award;

(b) on the whole or part of any amount claimed in the arbitration and outstanding at the commencement of the

arbitral proceedings but paid before the award was made, in respect of any period up to the date of

payment.

49(4) The tribunal may award simple or compound interest from the date of the award (or any later date) until payment, at such rates and with such rests as it considers meets the justice of the case, on the outstanding amount of any award (including any award of interest under subsection (3) and any award as to costs).

49(5) References in this section to an amount awarded by the tribunal include an amount payable in consequence of a declaratory award by the tribunal.

49(6) The above provisions do not affect any other power of the tribunal to award interest.

Extension of time for making award.

50(1) Where the time for making an award is limited by or in pursuance of the arbitration agreement, then, unless otherwise agreed by the parties, the court may in accordance with the following provisions by order extend that time.

50(2) An application for an order under this section may be made-

(a) by the tribunal (upon notice to the parties), or

(b) by any party to the proceedings (upon notice to the tribunal and the other parties),

but only after exhausting any available arbitral process for obtaining an extension of time.

50(3) The court shall only make an order if satisfied that a substantial injustice would otherwise be done.

50(4) The court may extend the time for such period and on such terms as it thinks fit, and may do so whether or not the time previously fixed (by or under the agreement or by a previous order) has expired.

50(5) The leave of the court is required for any appeal from a decision of the court under this section.

Settlement.

51(1) If during arbitral proceedings the parties settle the dispute, the following provisions apply unless otherwise agreed by the parties.

51(2) The tribunal shall terminate the substantive proceedings and, if so requested by the parties and not objected to by the tribunal, shall record the settlement in the form of an agreed award.

51(3) An agreed award shall state that it is an award of the tribunal and shall have the same status and effect as any other award on the merits of the case.

51(4) The following provisions of this Part relating to awards (sections 52 to 58) apply to an agreed award.

51(5) Unless the parties have also settled the matter of the payment of the costs of the arbitration, the provisions of this Part relating to costs (sections 59 to 65) continue to apply.

Form of award.

52(1) The parties are free to agree on the form of an award.

52(2) If or to the extent that there is no such agreement, the following provisions apply.

52(3) The award shall be in writing signed by all the arbitrators or all those assenting to the award.

52(4) The award shall contain the reasons for the award unless it is an agreed award or the parties have agreed to dispense with reasons.

52(5) The award shall state the seat of the arbitration and the date when the award is made.

Place where award treated as made.

53. Unless otherwise agreed by the parties, where the seat of the arbitration is in England and Wales or Northern

Ireland, any award in the proceedings shall be treated as made there, regardless of where it was signed, despatched or delivered to any of the parties.

Date of award.

54(1) Unless otherwise agreed by the parties, the tribunal may decide what is to be taken to be the date on which the award was made.

54(2) In the absence of any such decision, the date of the award shall be taken to be the date on which it is signed by the arbitrator or, where more than one arbitrator signs the award, by the last of them.

Notification of award.

55(1) The parties are free to agree on the requirements as to notification of the award to the parties.

55(2) If there is no such agreement, the award shall be notified to the parties by service on them of copies of the award, which shall be done without delay after the award is made.

Power to withhold award in case of non-payment.

56(1) The tribunal may refuse to deliver an award to the parties except upon full payment of the fees and expenses of the arbitrators.

56(2) If the tribunal refuses on that ground to deliver an award, a party to the arbitral proceedings may (upon notice to the other parties and the tribunal) apply to the court, which may order that-

(a) the tribunal shall deliver the award on the payment into court by the applicant of the fees and expenses

demanded, or such lesser amount as the court may specify,

(b) the amount of the fees and expenses properly payable shall be determined by such means and upon such

terms as the court may direct, and

(c) out of the money paid into court there shall be paid out such fees and expenses as may be found to be

properly payable and the balance of the money (if any) shall be paid out to the applicant.

56(3) For this purpose the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 28 or any agreement relating to the payment of the arbitrators.

56(4) No application to the court may be made where there is any available arbitral process for appeal or review of the amount of the fees or expenses demanded.

56(5) References in this section to arbitrators include an arbitrator who has ceased to act and an umpire who has not replaced the other arbitrators.

56(6) The above provisions of this section also apply in relation to any arbitral or other institution or person vested by the parties with powers in relation to the delivery of the tribunal's award.

As they so apply, the references to the fees and expenses of the arbitrators shall be construed as including the fees and expenses of that institution or person.

56(7) The leave of the court is required for any appeal from a decision of the court under this section.

56(8) Nothing in this section shall be construed as excluding an application under section 28 where payment has been made to the arbitrators in order to obtain the award.

Correction of award or additional award.

57(1) The parties are free to agree on the powers of the tribunal to correct an award or make an additional award.

57(2) If or to the extent there is no such agreement, the following provisions apply.

57(3) The tribunal may on its own initiative or on the application of a party-

(a) correct an award so as to remove any clerical mistake or error arising from an accidental slip or omission or

clarify or remove any ambiguity in the award, or

(b) make an additional award in respect of any claim (including a claim for interest or costs) which was

presented to the tribunal but was not dealt with in the award.

These powers shall not be exercised without first affording the other parties a reasonable opportunity to make representations to the tribunal.

57(4) Any application for the exercise of those powers must be made within 28 days of the date of the award or such longer period as the parties may agree.

57(5) Any correction of an award shall be made within 28 days of the date the application was received by the tribunal or, where the correction is made by the tribunal on its own initiative, within 28 days of the date of the award or, in either case, such longer period as the parties may agree.

57(6) Any additional award shall be made within 56 days of the date of the original award or such longer period as the parties may agree.

57(7) Any correction of an award shall form part of the award.

Effect of award.

58(1) Unless otherwise agreed by the parties, an award made by the tribunal pursuant to an arbitration agreement is final and binding both on the parties and on any persons claiming through or under them.

58(2) This does not affect the right of a person to challenge the award by any available arbitral process of appeal or review or in accordance with the provisions of this Part.

Costs of the arbitration

Costs of the arbitration.

59(1) References in this Part to the costs of the arbitration are to-

(a) the arbitrators' fees and expenses,

(b) the fees and expenses of any arbitral institution concerned, and

(c) the legal or other costs of the parties.

59(2) Any such reference includes the costs of or incidental to any proceedings to determine the amount of the recoverable costs of the arbitration (see section 63).

Agreement to pay costs in any event.

60. An agreement which has the effect that a party is to pay the whole or part of the costs of the arbitration in any event is

only valid if made after the dispute in question has arisen.

Award of costs.

61(1) The tribunal may make an award allocating the costs of the arbitration as between the parties, subject to any agreement of the parties.

61(2) Unless the parties otherwise agree, the tribunal shall award costs on the general principle that costs should follow the event except where it appears to the tribunal that in the circumstances this is not appropriate in relation to the whole or part of the costs.

Effect of agreement or award about costs.

62. Unless the parties otherwise agree, any obligation under an agreement between them as to how the costs of the

arbitration are to be borne, or under an award allocating the costs of the arbitration, extends only to such costs as are recoverable.

The recoverable costs of the arbitration.

63(1) The parties are free to agree what costs of the arbitration are recoverable.

63(2) If or to the extent there is no such agreement, the following provisions apply.

63(3) The tribunal may determine by award the recoverable costs of the arbitration on such basis as it thinks fit.

If it does so, it shall specify-

(a) the basis on which it has acted, and

(b) the items of recoverable costs and the amount referable to each.

63(4) If the tribunal does not determine the recoverable costs of the arbitration, any party to the arbitral proceedings may apply to the court (upon notice to the other parties) which may-

(a) determine the recoverable costs of the arbitration on such basis as it thinks fit, or

(b) order that they shall be determined by such means and upon such terms as it may specify.

63(5) Unless the tribunal or the court determines otherwise-

(a) the recoverable costs of the arbitration shall be determined on the basis that there shall be allowed a reasonable

amount in respect of all costs reasonably incurred, and

(b) any doubt as to whether costs were reasonably incurred or were reasonable in amount shall be resolved in favour

of the paying party.

63(6) The above provisions have effect subject to section 64 (recoverable fees and expenses of arbitrators).

63(7) Nothing in this section affects any right of the arbitrators, any expert, legal adviser or assessor appointed by the tribunal, or any arbitral institution, to payment of their fees and expenses.

Recoverable fees and expenses of arbitrators.

64(1) Unless otherwise agreed by the parties, the recoverable costs of the arbitration shall include in respect of the fees and expenses of the arbitrators only such reasonable fees and expenses as are appropriate in the circumstances.

64(2) If there is any question as to what reasonable fees and expenses are appropriate in the circumstances, and the matter is not already before the court on an application under section 63(4), the court may on the application of any party (upon notice to the other parties)-

(a) determine the matter, or

(b) order that it be determined by such means and upon such terms as the court may specify.

64(3) Subsection (1) has effect subject to any order of the court under section 24(4) or 25(3)(b) (order as to entitlement to fees or expenses in case of removal or resignation of arbitrator).

64(4) Nothing in this section affects any right of the arbitrator to payment of his fees and expenses.

Power to limit recoverable costs.

65(1) Unless otherwise agreed by the parties, the tribunal may direct that the recoverable costs of the arbitration, or of any part of the arbitral proceedings, shall be limited to a specified amount.

65(2) Any direction may be made or varied at any stage, but this must be done sufficiently in advance of the incurring of costs to which it relates, or the taking of any steps in the proceedings which may be affected by it, for the limit to be taken into account.

Powers of the court in relation to award

Enforcement of the award.

66(1) An award made by the tribunal pursuant to an arbitration agreement may, by leave of the court, be enforced in the same manner as a judgment or order of the court to the same effect.

66(2) Where leave is so given, judgment may be entered in terms of the award.

66(3) Leave to enforce an award shall not be given where, or to the extent that, the person against whom it is sought to be enforced shows that the tribunal lacked substantive jurisdiction to make the award.

66(4) Nothing in this section affects the recognition or enforcement of an award under any other enactment or rule of law, in particular under Part II of the Arbitration Act 1950 (enforcement of awards under Geneva Convention) or the provisions of Part III of this Act relating to the recognition and enforcement of awards under the New York Convention or by an action on the award.

Challenging the award: substantive jurisdiction.

67(1) A party to arbitral proceedings may (upon notice to the other parties and to the tribunal) apply to the court-

(a) challenging any award of the arbitral tribunal as to its substantive jurisdiction; or

(b) for an order declaring an award made by the tribunal on the merits to be of no effect, in whole or in part,

because the tribunal did not have substantive jurisdiction.

A party may lose the right to object (see section 73) and the right to apply is subject to the restrictions in section

70(2) and (3).

67(2) The arbitral tribunal may continue the arbitral proceedings and make a further award while an application to the court under this section is pending in relation to an award as to jurisdiction.

67(3) On an application under this section challenging an award of the arbitral tribunal as to its substantive jurisdiction, the court may by order-

(a) confirm the award,

(b) vary the award, or

(c) set aside the award in whole or in part.

67(4) The leave of the court is required for any appeal from a decision of the court under this section.

Challenging the award: serious irregularity.

68(1) A party to arbitral proceedings may (upon notice to the other parties and to the tribunal) apply to the court challenging an award in the proceedings on the ground of serious irregularity affecting the tribunal, the proceedings or the award.

A party may lose the right to object (see section 73) and the right to apply is subject to the restrictions in section

70(2) and (3).

68(2) Serious irregularity means an irregularity of one or more of the following kinds which the court considers has caused or will cause substantial injustice to the applicant-

(a) failure by the tribunal to comply with section 33 (general duty of tribunal);

(b) the tribunal exceeding its powers (otherwise than by exceeding its substantive jurisdiction: see section 67);

(c) failure by the tribunal to conduct the proceedings in accordance with the procedure agreed by the parties;

(d) failure by the tribunal to deal with all the issues that were put to it;

(e) any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or

the award exceeding its powers;

(f) uncertainty or ambiguity as to the effect of the award;

(g) the award being obtained by fraud or the award or the way in which it was procured being contrary to

public policy;

(h) failure to comply with the requirements as to the form of the award; or

(i) any irregularity in the conduct of the proceedings or in the award which is admitted by the tribunal or by

any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or

the award.

68(3) If there is shown to be serious irregularity affecting the tribunal, the proceedings or the award, the court may-

(a) remit the award to the tribunal, in whole or in part, for reconsideration,

(b) set the award aside in whole or in part, or

(c) declare the award to be of no effect, in whole or in part.

The court shall not exercise its power to set aside or to declare an award to be of no effect, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.

68(4) The leave of the court is required for any appeal from a decision of the court under this section.

Appeal on point of law.

69(1) Unless otherwise agreed by the parties, a party to arbitral proceedings may (upon notice to the other parties and to the tribunal) appeal to the court on a question of law arising out of an award made in the proceedings.

An agreement to dispense with reasons for the tribunal's award shall be considered an agreement to exclude the court's jurisdiction under this section.

69(2) An appeal shall not be brought under this section except-

(a) with the agreement of all the other parties to the proceedings, or

(b) with the leave of the court.

69(3) Leave to appeal shall be given only if the court is satisfied-

(a) that the determination of the question will substantially affect the rights of one or more of the parties,

(b) that the question is one which the tribunal was asked to determine,

(c) that, on the basis of the findings of fact in the award-

(i) the decision of the tribunal on the question is obviously wrong, or

(ii) the question is one of general public importance and the decision of the tribunal is at least open to serious doubt, and

(d) that, despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all the

circumstances for the court to determine the question.

69(4) An application for leave to appeal under this section shall identify the question of law to be determined and state the grounds on which it is alleged that leave to appeal should be granted.

69(5) The court shall determine an application for leave to appeal under this section without a hearing unless it appears to the court that a hearing is required.

69(6) The leave of the court is required for any appeal from a decision of the court under this section to grant or refuse leave to appeal.

69(7) On an appeal under this section the court may by order-

(a) confirm the award,

(b) vary the award,

(c) remit the award to the tribunal, in whole or in part, for reconsideration in the light of the court's

determination, or

(d) set aside the award in whole or in part.

The court shall not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.

69(8) The decision of the court on an appeal under this section shall be treated as a judgment of the court for the purposes of a further appeal.

But no such appeal lies without the leave of the court which shall not be given unless the court considers that the question is one of general importance or is one which for some other special reason should be considered by the Court of Appeal.

Challenge or appeal: supplementary provisions.

70(1) The following provisions apply to an application or appeal under section 67, 68 or 69.

70(2) An application or appeal may not be brought if the applicant or appellant has not first exhausted-

(a) any available arbitral process of appeal or review, and

(b) any available recourse under section 57 (correction of award or additional award).

70(3) Any application or appeal must be brought within 28 days of the date of the award or, if there has been any arbitral process of appeal or review, of the date when the applicant or appellant was notified of the result of that process. 70(4) If on an application or appeal it appears to the court that the award-

(a) does not contain the tribunal's reasons, or

(b) does not set out the tribunal's reasons in sufficient detail to enable the court properly to consider the

application or appeal,

the court may order the tribunal to state the reasons for its award in sufficient detail for that purpose.

70(5) Where the court makes an order under subsection (4), it may make such further order as it thinks fit with respect to any additional costs of the arbitration resulting from its order.

70(6) The court may order the applicant or appellant to provide security for the costs of the application or appeal, and may direct that the application or appeal be dismissed if the order is not complied with.

The power to order security for costs shall not be exercised on the ground that the applicant or appellant is-

(a) an individual ordinarily resident outside the United Kingdom, or

(b) a corporation or association incorporated or formed under the law of a country outside the United

Kingdom, or whose central management and control is exercised outside the United Kingdom.

70(7) The court may order that any money payable under the award shall be brought into court or otherwise secured pending the determination of the application or appeal, and may direct that the application or appeal be dismissed if the order is not complied with.

70(8) The court may grant leave to appeal subject to conditions to the same or similar effect as an order under subsection (6) or (7).

This does not affect the general discretion of the court to grant leave subject to conditions.

Challenge or appeal: effect of order of court.

71(1) The following provisions have effect where the court makes an order under section 67, 68 or 69 with respect to an award.

71(2) Where the award is varied, the variation has effect as part of the tribunal's award.

71(3) Where the award is remitted to the tribunal, in whole or in part, for reconsideration, the tribunal shall make a fresh award in respect of the matters remitted within three months of the date of the order for remission or such longer or shorter period as the court may direct.

71(4) Where the award is set aside or declared to be of no effect, in whole or in part, the court may also order that any provision that an award is a condition precedent to the bringing of legal proceedings in respect of a matter to which the arbitration agreement applies, is of no effect as regards the subject matter of the award or, as the case may be, the relevant part of the award.

MiscellaneousSaving for rights of person who takes no part in proceedings.

72(1) A person alleged to be a party to arbitral proceedings but who takes no part in the proceedings may question-

(a) whether there is a valid arbitration agreement,

(b) whether the tribunal is properly constituted, or

(c) what matters have been submitted to arbitration in accordance with the arbitration agreement,

by proceedings in the court for a declaration or injunction or other appropriate relief.

72(2) He also has the same right as a party to the arbitral proceedings to challenge an award-

(a) by an application under section 67 on the ground of lack of substantive jurisdiction in relation to him, or

(b) by an application under section 68 on the ground of serious irregularity (within the meaning of that

section) affecting him;

and section 70(2) (duty to exhaust arbitral procedures) does not apply in his case.

Loss of right to object.

73(1) If a party to arbitral proceedings takes part, or continues to take part, in the proceedings without making, either forthwith or within such time as is allowed by the arbitration agreement or the tribunal or by any provision of this Part, any objection-

(a) that the tribunal lacks substantive jurisdiction,

(b) that the proceedings have been improperly conducted,

(c) that there has been a failure to comply with the arbitration agreement or with any provision of this Part, or

(d) that there has been any other irregularity affecting the tribunal or the proceedings,

he may not raise that objection later, before the tribunal or the court, unless he shows that, at the time he took part or continued to take part in the proceedings, he did not know and could not with reasonable diligence have discovered the grounds for the objection.

73(2) Where the arbitral tribunal rules that it has substantive jurisdiction and a party to arbitral proceedings who could have questioned that ruling-

(a) by any available arbitral process of appeal or review, or

(b) by challenging the award,

does not do so, or does not do so within the time allowed by the arbitration agreement or any provision of this Part, he may not object later to the tribunal's substantive jurisdiction on any ground which was the subject of that ruling.

Immunity of arbitral institutions, &c.

74(1) An arbitral or other institution or person designated or requested by the parties to appoint or nominate an arbitrator is not liable for anything done or omitted in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith.

74(2) An arbitral or other institution or person by whom an arbitrator is appointed or nominated is not liable, by reason of having appointed or nominated him, for anything done or omitted by the arbitrator (or his employees or agents) in the discharge or purported discharge of his functions as arbitrator.

74(3) The above provisions apply to an employee or agent of an arbitral or other institution or person as they apply to the institution or person himself.

Charge to secure payment of solicitors' costs.

75. The powers of the court to make declarations and orders under section 73 of the Solicitors Act 1974 or Article

71H of the Solicitors (Northern Ireland) Order 1976 (power to charge property recovered in the proceedings with the payment of solicitors' costs) may be exercised in relation to arbitral proceedings as if those proceedings were proceedings in the court.

SupplementaryService of notices, &c.

76(1) The parties are free to agree on the manner of service of any notice or other document required or authorised to be given or served in pursuance of the arbitration agreement or for the purposes of the arbitral proceedings.

76(2) If or to the extent that there is no such agreement the following provisions apply.

76(3) A notice or other document may be served on a person by any effective means.

76(4) If a notice or other document is addressed, pre-paid and delivered by post-

(a) to the addressee's last known principal residence or, if he is or has been carrying on a trade, profession or

business, his last known principal business address, or

(b) where the addressee is a body corporate, to the body's registered or principal office,

it shall be treated as effectively served.

76(5) This section does not apply to the service of documents for the purposes of legal proceedings, for which provision is made by rules of court.

76(6) References in this Part to a notice or other document include any form of communication in writing and references to giving or serving a notice or other document shall be construed accordingly.

Powers of court in relation to service of documents.

77(1) This section applies where service of a document on a person in the manner agreed by the parties, or in accordance with provisions of section 76 having effect in default of agreement, is not reasonably practicable.

77(2) Unless otherwise agreed by the parties, the court may make such order as it thinks fit-

(a) for service in such manner as the court may direct, or

(b) dispensing with service of the document.

77(3) Any party to the arbitration agreement may apply for an order, but only after exhausting any available arbitral process for resolving the matter.

77(4) The leave of the court is required for any appeal from a decision of the court under this section.

Reckoning periods of time.

78(1) The parties are free to agree on the method of reckoning periods of time for the purposes of any provision agreed by them or any provision of this Part having effect in default of such agreement.

78(2) If or to the extent there is no such agreement, periods of time shall be reckoned in accordance with the following provisions.

78(3) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.

78(4) Where the act is required to be done a specified number of clear days after a specified date, at least that number of days must intervene between the day on which the act is done and that date.

78(5) Where the period is a period of seven days or less which would include a Saturday, Sunday or a public holiday in the place where anything which has to be done within the period falls to be done, that day shall be excluded.

In relation to England and Wales or Northern Ireland, a "public holiday" means Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday.

Power of court to extend time limits relating to arbitral proceedings.

79(1) Unless the parties otherwise agree, the court may by order extend any time limit agreed by them in relation to any matter relating to the arbitral proceedings or specified in any provision of this Part having effect in default of such agreement.

This section does not apply to a time limit to which section 12 applies (power of court to extend time for beginning arbitral proceedings, &c.).

79(2) An application for an order may be made-

(a) by any party to the arbitral proceedings (upon notice to the other parties and to the tribunal), or

(b) by the arbitral tribunal (upon notice to the parties).

79(3) The court shall not exercise its power to extend a time limit unless it is satisfied-

(a) that any available recourse to the tribunal, or to any arbitral or other institution or person vested by the parties

with power in that regard, has first been exhausted, and

(b) that a substantial injustice would otherwise be done.

79(4) The court's power under this section may be exercised whether or not the time has already expired.

79(5) An order under this section may be made on such terms as the court thinks fit.

79(6) The leave of the court is required for any appeal from a decision of the court under this section.

Notice and other requirements in connection with legal proceedings.

80(1) References in this Part to an application, appeal or other step in relation to legal proceedings being taken "upon notice" to the other parties to the arbitral proceedings, or to the tribunal, are to such notice of the originating process as is required by rules of court and do not impose any separate requirement.

80(2) Rules of court shall be made-

(a) requiring such notice to be given as indicated by any provision of this Part, and

(b) as to the manner, form and content of any such notice.

80(3) Subject to any provision made by rules of court, a requirement to give notice to the tribunal of legal proceedings shall be construed-

(a) if there is more than one arbitrator, as a requirement to give notice to each of them; and

(b) if the tribunal is not fully constituted, as a requirement to give notice to any arbitrator who has been

appointed.

80(4) References in this Part to making an application or appeal to the court within a specified period are to the issue within that period of the appropriate originating process in accordance with rules of court.

80(5) Where any provision of this Part requires an application or appeal to be made to the court within a specified time, the rules of court relating to the reckoning of periods, the extending or abridging of periods, and the consequences of not taking a step within the period prescribed by the rules, apply in relation to that requirement.

80(6) Provision may be made by rules of court amending the provisions of this Part-

(a) with respect to the time within which any application or appeal to the court must be made,

(b) so as to keep any provision made by this Part in relation to arbitral proceedings in step with the

corresponding provision of rules of court applying in relation to proceedings in the court, or

(c) so as to keep any provision made by this Part in relation to legal proceedings in step with the corresponding

provision of rules of court applying generally in relation to proceedings in the court.

80(7) Nothing in this section affects the generality of the power to make rules of court.

Saving for certain matters governed by common law.

81(1) Nothing in this Part shall be construed as excluding the operation of any rule of law consistent with the provisions of this Part, in particular, any rule of law as to-

(a) matters which are not capable of settlement by arbitration;

(b) the effect of an oral arbitration agreement; or

(c) the refusal of recognition or enforcement of an arbitral award on grounds of public policy.

81(2) Nothing in this Act shall be construed as reviving any jurisdiction of the court to set aside or remit an award on the ground of errors of fact or law on the face of the award.

Minor definitions.

82.(1) In this Part-

"arbitrator", unless the context otherwise requires, includes an umpire;

"available arbitral process", in relation to any matter, includes any process of appeal to or review by an arbitral or other institution or person vested by the parties with powers in relation to that matter;

"claimant",unless the context otherwise requires, includes a counter claimant, and related expressions shall be construed accordingly;

"dispute" includes any difference;

"enactment" includes an enactment contained in Northern Ireland legislation;

"legal proceedings" means civil proceedings in the High Court or a county court;

"peremptory order" means an order made under section 41(5) or made in exercise of any corresponding power conferred by the parties;

"premises" includes land, buildings, moveable structures, vehicles, vessels, aircraft and hovercraft;

"question of law" means-

(a) for a court in England and Wales, a question of the law of England and Wales, and

(b) for a court in Northern Ireland, a question of the law of Northern Ireland;

"substantive jurisdiction", in relation to an arbitral tribunal, refers to the matters specified in section 30(1)(a) to

(c), and references to the tribunal exceeding its substantive jurisdiction shall be construed accordingly.

82(2) References in this Part to a party to an arbitration agreement include any person claiming under or through a party to the agreement.

Index of defined expressions: Part I.

83. In this Part the expressions listed below are defined or otherwise explained by the provisions indicated-

agreement, agree and agreed section 5(1)

agreement in writing section 5(2) to (5)

arbitration agreement sections 6 and 5(1)

arbitrator section 82(1)

available arbitral process section 82(1)

claimant section 82(1)

the court section 105

dispute section 82(1)

enactment section 82(1)

legal proceedings section 82(1)

Limitation Acts section 13(4)

notice (or other document) section 76(6)

party- - in relation to an arbitration agreement section 82(2)

- where section 106(2) or (3) applies section 106(4)

peremptory order section 82(1) (and see section 41(5))

premises section 82(1)

question of law section 82(1)

recoverable costs sections 63 and 64

seat of the arbitration section 3

serve and service (of notice or other document) section 76(6)

substantive jurisdiction (in relation to an arbitral tribunal) section 82(1) (& see s30(1)(a) to (c))

upon notice (to the parties or the tribunal) section 80

written and in writing section 5(6)

Transitional provisions.

84(1) The provisions of this Part do not apply to arbitral proceedings commenced before the date on which this Part comes into force.

84(2) They apply to arbitral proceedings commenced on or after that date under an arbitration agreement whenever made.

84(3) The above provisions have effect subject to any transitional provision made by an order under section 109(2) (power to include transitional provisions in commencement order).

PART II OTHER PROVISIONS RELATING TO ARBITRATION

Domestic arbitration agreements

Modification of Part I in relation to domestic arbitration agreement.

85(1) In the case of a domestic arbitration agreement the provisions of Part I are modified in accordance with the following sections.

85(2) For this purpose a "domestic arbitration agreement" means an arbitration agreement to which none of the parties is-

(a) an individual who is a national of, or habitually resident in, a state other than the United Kingdom, or

(b) a body corporate which is incorporated in, or whose central control and management is exercised in, a state

other than the United Kingdom,

and under which the seat of the arbitration (if the seat has been designated or determined) is in the United Kingdom.

85(3) In subsection (2) "arbitration agreement" and "seat of the arbitration" have the same meaning as in Part I (see sections 3, 5(1) and 6).

Staying of legal proceedings.

86(1) In section 9 (stay of legal proceedings), subsection (4) (stay unless the arbitration agreement is null and void, inoperative, or incapable of being performed) does not apply to a domestic arbitration agreement.

86(2) On an application under that section in relation to a domestic arbitration agreement the court shall grant a stay unless satisfied-

(a) that the arbitration agreement is null and void, inoperative, or incapable of being performed, or

(b) that there are other sufficient grounds for not requiring the parties to abide by the arbitration agreement.

86(3) The court may treat as a sufficient ground under subsection (2)(b) the fact that the applicant is or was at any material time not ready and willing to do all things necessary for the proper conduct of the arbitration or of any other dispute resolution procedures required to be exhausted before resorting to arbitration.

86(4) 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 legal proceedings are commenced.

Effectiveness of agreement to exclude court's jurisdiction.

87(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.

仲裁法期末模拟试题三

仲裁法期末模拟试题三 一、不定项选择题（20 分） 1、根据仲裁法的规定，关于仲裁委员会的下列哪些表述是正确的？（） A、仲裁委员会是中国仲裁协会的法定会员 B、仲裁委员会设立的必要条件之一是有聘任的仲裁员若干人 C、设区的市可以设立仲裁委员会，也可以不设立 D、仲裁委员会相互之间没有隶属关系 2、北京时达科贸中心与广东粤秀制革厂签订了皮衣买卖合同。事后双方另行书面约定“如因皮衣买卖合同发生争议，提交北京市仲裁委员会裁决” 。后因送货地点发生争议，时达科贸中心向对方所在地的人民法院起诉，但未说明双方订有仲裁协议，法院受理此案，粤秀制革厂应诉答辩。法院判决后粤秀制革厂根据仲裁协议向北京市仲裁委员会申请仲裁。根据有关规定，下列哪些判断是正确的？（） A 、时达科贸中心起诉有效 B 、人民法院受理有效 C、人民法院判决有效 D 、粤秀制革厂的仲裁申请有效 3、北京银立公司与河北盛鸣公司签定一专利转让合同，合同约定：“因本合同发生的争议提交华北地区的仲裁委员会进行仲裁。”合同履行过程中发生争议，银立公司向天津仲裁委员会申请仲裁，盛鸣公司则向银立公司所在地的北京市海淀区人民法院提起诉讼。该法院立案受理后，银立公司对该院管辖权提出异议。这种情况下，该法院如何处理？（） A 、裁定驳回起诉B、裁定不予受理C、裁定本院有管辖权 D、裁定管辖权异议成立，移送有管辖权的仲裁机关受理 4、根据《仲裁法》的规定，仲裁机关在进行仲裁时，实行一次裁决制度。其含义是：当事人对裁决不服的，（） A、既不能上诉，也不能另行起诉 B、可以在15 日内向人民法院起诉，但不能向上级仲裁机关上诉 C、可以在15 日内向上级仲裁机关上诉，但不能向人民法院起诉 D、可以向原仲裁机关或其上级仲裁机关申请复议一次

仲裁法论文

仲裁法论文————可仲裁性问题之探讨

可仲裁性问题之探讨 〔摘要〕在国际商事仲裁中, 可仲裁性一般是指关于一个争议是否可以通过仲裁的方式解决。可仲裁性, 作为仲裁协议有效的先决条件, 是在仲裁过程中所必需要解决的一个问题。本文从公共政策原则、一国内的敏感领域及各国法律对于可仲裁性的影响, 论证当今世界的发展趋势是扩大可仲裁性的范围。 〔关键词〕可仲裁性公共政策法律适用 一、引言 在国际商事仲裁中, 可仲裁性一般是指关于一个争议是否可以通过仲裁的方式解决。在某些国家的司法制度中, 可仲裁性这一术语也可用来描述关于一个特定的争议是否属于仲裁协议的范畴的问题。本文中所讨论的可仲裁性之问题是指其的一般含义。如果争议的事项是不可仲裁的, 那么仲裁协议将会被认定为无效。可仲裁性实际上是仲裁协议有效的一个重要前提条件。更者, 在纽约公约和示范法中肠均规定, 如果争议的事项不具有可仲裁性, 仲裁裁决的认可与执行将可能会被拒绝。因此, 无论是在仲裁过程中或者仲裁裁决执行的阶段, 是否具有可仲裁性之问题都是必须回答的。然而, 可仲裁性之问题是仲裁法中一个相当复杂的问题, 如什么是可仲裁性的范围及应用是否有一个规范的标准来判断争议事项的可仲裁性可仲裁性的问题应适用何种法律本文将通过对上述问题的解答来探讨可仲裁性之问题。 二、公共政策对可仲裁性的影响 当一个国家认定特定的一系列争议是不可仲裁的, 这往往是基于公

共政考虑。正如专家所述, “每个国家将可能依据其本国的政治、社会及经济政策而决定哪些事项是可仲裁的, 哪些是不可仲裁的。”公共政策的适用要理解适用于可仲裁性的公共政策的概念, 首先应区别公共政策是应适用于某些特定的事项还是应作为一种普遍的法律规则而适用。有一种观点认为公共政策应作为一种普遍的法律而适用, 即只要争议涉及了公共政策的解释或应用, 该争议即为不可仲裁的, 无论争议的事项是何种事项。这种观点是从早期法国司法实践中对法国民法典的狭义解释而来, 该解释认为与公共政策相关一切事项均不适用仲裁。公共政策现己被认为是仲裁员在解决争议时所必须适用的一项规则。这种观点已为包括英国、美国、意大利等在内的大多国家所接受。公共政策决定可仲裁性的标准如上所述, 公共政策在可仲裁性问题中的适用已被认为是对具体仲裁事项的适用而不是作为一种的普遍的法律而适用, 本文此后所讨论的公共政策的概念将定义为适用于具体事项的公共政策。可仲裁性试图界分在解决某些特定事项时必须通过国家法院裁决而体现的国家利益和争议双方希望通过仲裁方式私自解决纠纷的个体利益。从一方面而言, 由于一个国家的某些特定的利益, 公共政策之因素仍将对决定一个争议是非可仲裁时起到重要影响另一方面, 为了促进国际贸易的发展, 也需要限制公共政策的影响, 避免其成为国际商事仲裁的障碍。近年来, 基于对自身利益的考虑, 许多国家均放宽了对国际仲裁中可仲裁性问题的限制, 并支持双方通过仲裁的方式解决争议, 即使某些时候公共利益可能需要作出一些让步。

仲裁法作业(完整答案)电子教案

仲裁法作业 分校 专业 姓名

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劳动合同法司法解释一二三

劳动合同法司法解释一二三

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第二条住房公积金争议的处理 劳动者与用人单位因住房公积金发生的争议，不属于劳动争议。(住房公积金管理条例第七条；调解仲裁法第二条) 第三条社会保险争议的范围 劳动者以用人单位没有为其缴纳基本医疗、工伤、失业和生育保险而遭受损失为由，要求用人单位直接支付基本医疗、工伤、失业和生育保险赔偿金发生的争议，属于调解仲裁法第二条规定的社会保险争议，人民法院应予受理。 劳动者以用人单位未为其办理社会保险手续为由要求用人单位补办社会保险手续，或者用人单位已经为劳动者办理了社会保险手续，但由于用人单位欠缴、拒缴社会保险费发生的争议，不属于劳动争议，但应告知劳动者向劳动行政部门和其他有关主管部门申请解决。 (调解仲裁法第二条；民事诉讼法第一百一十一条；社会保险费征缴暂行条例第二十三条、第二十七条) 二、诉讼主体的确定 第四条不具备经营资格和挂靠情形下的主体确定

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A.及时作出裁决 B.及时作出决定 C.及时作出判决 D.及时作出裁定 正确答案：C 6、（单选题）根据《仲裁法》的规定，被申请人收到仲裁申请书副本后，应当在仲裁规则规定的期限内向仲裁委员会提交答辩书。被申请人未提交答辩书的，（）。 A.仲裁程序终止进行 B.仲裁程序终结进行 C.不影响仲裁程序的进行 D.仲裁程序中止进行 正确答案：C 7、（单选题）当事人申请仲裁应当符合一定条件，但不包括（）。 A.必须有法律的明确规定 B.有具体的仲裁请求和事实、理由 C.有仲裁协议 D.属于仲裁委员会的受理范围 正确答案：A 8、（单选题）仲裁委员会收到仲裁申请书之日起五日内，认为不符合受理条件的，应当（）。 A.需纸质通知并说明理由 B.只需告知并说明理由 C.只需书面通知 D.需书面通知并说明理由 正确答案：D 9、（单选题）仲裁庭组成后，仲裁委员会应当将仲裁庭的组成情况（）。 A.书面通知当事人 B.既可以书面也可以口头通知当事人 C.不需通知当事人 D.可以口头通知当事人 正确答案：A

中华人民共和国劳动争议调解仲裁法

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第四章附则 第一章总则 第一条【立法目的】为了公正及时解决劳动争议，保护当事人合法权益，促进劳动关系和谐稳定，制定本法。 （相关资料: 裁判文书3篇条文释义） 第二条【适用范围】中华人民共和国境内的用人单位与劳动者发生的下列劳动争议，适用本法： （一）因确认劳动关系发生的争议； （二）因订立、履行、变更、解除和终止劳动合同发生的争议； （三）因除名、辞退和辞职、离职发生的争议； （四）因工作时间、休息休假、社会保险、福利、培训以及劳动保护发生的争议； （五）因劳动报酬、工伤医疗费、经济补偿或者赔偿金等发生的争议； （六）法律、法规规定的其他劳动争议。 （相关资料: 地方法规5篇裁判文书222篇条文释义相关论文7篇） 第三条【劳动争议处理的原则】解决劳动争议，应当根据事实，遵循合法、公正、及时、着重调解的原则，依法保护当事人的合法权益。 （相关资料: 地方法规1篇裁判文书52篇条文释义） 第四条【劳动争议当事人的协商和解】发生劳动争议，劳动者可以与用人单位协商，也可以请工会或

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1996年英国仲裁法 本法旨在重述并完善有关依据仲裁协议进行仲裁的法律、制订有关仲裁及仲裁裁决的其他规定并达到其他相关目的。(1996年6月17日) 女王陛下遵循上下两院的建议并经其同意，于本次国会会议上并依其职权，颁布本法，全文如下： 第一编依据仲裁协议之仲裁 导言 1.(一般原则)[1] 本编之规定基于下述原则，并以其作为解释依据： (a) 仲裁之目的在于由公平的仲裁庭，在没有不必要的拖延和开支的情况下，使争议得以公正解决; (b) 当事人得自由约定争议解决方式，仅受制于充分保障公共利益之必须。 (c) 除本编另有规定外，法院不得干预本编规定之事项。 2.(适用范围) (1) 如仲裁地在英格兰和威尔士或北爱尔兰，则适用本编规定。 (2) 即使仲裁地位于英格兰和威尔士或北爱尔兰之外，或没有选定或确定仲裁地，下列各条仍予适用： (a) 第9-11条(中止诉讼等)，及 (b) 第66条(仲裁裁决的执行)。 (3) 即使仲裁地位于英格兰和威尔士或北爱尔兰之外，或没有选定或确定仲裁地，下列各条所赋予之权力依然适用： (a) 第43条(保证证人出庭)，及 (b) 第44条(法院支持仲裁程序可行使之权力); 但是，如法院认为仲裁地位于或者待选定或确定之仲裁地可能位于英格兰和威尔士或北爱尔兰之外之事实使得法院行使前述权力不适当，法院可以拒绝行使前述权力。 (4) 为支持仲裁程序，在下述情况下，法院可以行使除本条第2、3款提及之外的任何权力： (a) 未选定或确定仲裁地，及 (b) 法院基于与英格兰、威尔士或北爱尔兰有联系之理由认为行使权力是适当的。

(5) 如适用于仲裁协议的法律(仲裁协议准据法)是英格兰和威尔士或北爱尔兰的法律，则即使仲裁地位于英格兰和威尔士或北爱尔兰之外或尚未选定或确定，第7条(仲裁协议独立性)及第8条(一方当事人死亡)也予适用。 3.(仲裁地) 本编所称“仲裁地”指通过下述方式之一确定的仲裁审理地点： (a) 仲裁协议的当事人选定;或 (b) 经全体当事人授权确定仲裁地之仲裁机构、其他机构或个人确定;或 (c) 经当事人授权的仲裁庭确定; 4.(强制性和非强制性规定) (1) 本编之强制性规定列于附录1，当事人之相反约定不影响其效力。 (2) 本编之其他规定(“非强制性规定”)允许当事人约定适用，如没有约定，则适用本编规定。 (3) 当事人可约定适用仲裁机构的规则或提供可对该事项作出决定的方式。 (4) 适用于当事人上述约定的法律是否英格兰和威尔士或北爱尔兰法律并无实质意义。 (5) 有关本编非强制性规定之事项，如选择适用英格兰、威尔士或北爱尔兰法之外的法律，则应等同于当事人对该事项作出约定之协议。 为此目的，根据当事人约定确定的准据法，或如当事人无明示或默示选择而根据客观因素确定的准据法，均应视为双方当事人已作此选择。 5.(书面形式) (1) 本编之规定仅适用于仲裁协议为书面形式的情形;本编之规定也仅对当事人之间就任何事项达成的书面协议有效。 关于“协议”、“同意”或“达成一致的” 之表述应作相应解释。 (2) 下列为书面协议 (a) 协议以书面形式达成(无论当事人签署与否)， (b) 协议以交换书面通讯达成，或 (c) 协议有书面证据证实。 (3) 如当事人非以书面形式同意援引某书面条款，则其达成书面协议。 (4) 如非以书面达成之协议由协议当事人授权的一方当事人或第三方予以记录，该协议被证明具备书面形式。

《国际商事仲裁》

国际商事仲裁作业

2017年9月法硕《仲裁法》作业 一、How many elements/contents are there in the following arbitration clauses? and what are they? 1、All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. 本条仲裁协议内容有： 仲裁规则：即国际商会仲裁规则（the Rules of Arbitration of the International Chamber of Commerce ） 2、Any dispute arising from or in connection with this Contract shall be submitted to the China international Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the of applying for arbitration. The arbitral award is final and binding upon both parties. 本条仲裁协议内容有： 仲裁机构：中国国际经济贸易仲裁委员会（the China international Economic and Trade Arbitration Commission for arbitration ） 仲裁规则：委员会在申请仲裁时有效的仲裁规则进行仲裁。（the Commission's arbitration rules in effect at the of applying for arbitration. ）裁决的效力：仲裁裁决是终局裁决，对双方具有约束力。（The arbitral award is final and binding upon both parties.） 3、Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in Singapore in accordance with the UNCITRAL Arbitration Rules as at present in force. 本条仲裁协议内容有： 仲裁规则：贸易法委员会仲裁规则（the UNCITRAL Arbitration Rules ） 仲裁地：新加坡（Singapore of arbitration） The arbitration shall be administered by Singapore International Arbitration Centre ("SIAC") in accordance with its practice rules and regulations.

中国仲裁法(英文版)

Arbitration Law of the People's R epublic of China （Adopted at the 8th Session of the Standing Committee of the 8th National People's Congress and Promulgated on August 31，1994） 颁布日期：19940831 实施日期：19950901 颁布单位：全国人大常委会Chapter I General Provisions Article 1 This Law is formulated in order to ensure that economic disputes shall be impartially and promptly arbitrated，to protect the legitimate rights and interests of the relevant parties and to guarantee the healthy development of the socialist market economy. Article 2 Disputes over contracts and disputes over property rights and interests between citizens，legal persons and other organizations as equal subjects of law may be submitted to arbitration. Article 3 The following disputes shall not be submitted to arbitration： 1. disputes over marriage，adoption，guardianship，child maintenance and inheritance；and 2. administrative disputes falling within the jurisdiction of the relevant administrative organs according to law. Article 4 The parties adopting arbitration for dispute settlement shall reach an arbitration agreement on a mutually voluntary basis. An arbitration commission shall not accept an application for arbitration submitted by one of the parties in the absence of an arbitration agreement. Article 5 A people's court shall not accept an action initiated by one of the parties if the parties have concluded an arbitration agreement，unless the arbitration agreement is invalid. Article 6 An arbitration commission shall be selected by the parties by agreement. The jurisdiction by level system and the district jurisdiction system shall not apply in arbitration. Article 7 Disputes shall be fairly and reasonably settled by arbitration on the basis of facts and in accordance with the relevant provisions of law. Article 8 Arbitration shall be conducted in accordance with the law，independent of any intervention by administrative organs，social organizations or individuals.

第十七章仲裁法

第十七章仲裁法 第一节仲裁法概述 一、仲裁的概念及仲裁立法的情况 仲裁是指争议的双方或各方依照事前或事后达成的协议，自愿把争议交给第三方作出裁决，争议的双方有义务执行该裁决，从而解决争议的法律制度。 我国仲裁立法有1983年8月22日国务院发布施行的《中华人民共和国经济合同法仲裁条例》；1988年9月12日中国国际经济贸易促进委员会通过，1989年1月1日起施行的《中 （于1994年3月17日修订，1994年6月1日起施行）；国国际经济贸易仲裁委员会仲裁规则》 1991年6月25日国家科委发布1991年11月1日起施行的《技术合同仲裁机构规则（试行）》。1994年8月31日第八届全国人大常委会第七次会议通过，1995年9月1日起施行的《中华人民共和国仲裁法》（以下简称《仲裁法》）。 二、《仲裁法》的适用范围 仲裁法适用于平等主体的公民、法人和其他组织之间发生的合同纠纷和其他财产权益纠纷。 婚姻、收养、监护、抚养、继承纠纷不能仲裁；依法应当由行政机关处理的行政争议不能仲裁；劳动争议和农业集体经济组织内部的农业承包合同纠纷的仲裁，由法律另行规定。 三、仲裁法的一般原则 （一）自愿原则。自愿是贯彻仲裁程序始终的一项基本原则。根据此原则，当事人采用仲裁方式解决纠纷，应由双方自愿达成仲裁协议。没有仲裁协议，一方申请仲裁的，仲裁机构不予受理；当事人达成仲裁协议，一方向人民法院起诉的，人民法院不予受理，但仲裁协议无效的除外；当事人有权协商选定仲裁机构及仲裁员；当事人可以自行和解，达成和解协议后，可请求仲裁庭根据和解协议作出仲裁裁决书；当事人也可撤回仲裁申请。 （二）仲裁独立原则。仲裁委员会应由当事人协议选定。仲裁不实行级别管辖和地域管辖，仲裁委不按行政区划层层设立。 仲裁应当根据事实，符合法律规定，公平合理地解决纠纷。仲裁依法独立进行，不受行政机关、社会团体和个人的干涉。当然，人民法院可以依法对仲裁进行必要的监督。 （三）仲裁一裁终局原则。仲裁一裁终局是指仲裁裁决作出后，当事人就同一纠纷，不能再申请仲裁或者向人民法院起诉。但是，裁决被人民法院依法裁定撤销或者不予执行的，当事人就纠纷可以根据双方重新达成的仲裁协议申请仲裁，也可以向人民法院起诉。 （四）仲裁机构民间化原则。依照仲裁法的规定设立的仲裁机构即仲裁委员会，独立于行政机关，与行政机关没有隶属关系，仲裁委员会之间也没有隶属关系，由来自民间的法学专家、经济专家、技术专家等有专门知识和实践经验的人担任仲裁员。 第二节仲裁组织和仲裁协议 一、仲裁委员会 仲裁委员会可以在直辖市、省、自治区人民政府所在地的市设立，也可以根据需要在其他设区的市设立。仲裁委员会由所在地的市人民政府组织有关部门和商会统一组建。设立仲裁委员会，应当经省、自治区、直辖市的司法行政部门登记。

仲裁法笔记

仲裁法笔记 第一章仲裁与仲裁法概述 1．仲裁范围： （1）平等主体的公民、法人和其他组织之间发生的合同纠纷和其他财产权益纠纷，可以仲裁。（2）下列纠纷不能仲裁： a．婚姻、收养、监护、扶养、继承纠纷（人身关系纠纷）； b．依法应当由行政机关处理的行政争议。 （3）劳动争议和农业集体经济组织内部的农业承包合同纠纷的仲裁，另行规定（现在还保留在行政仲裁的性质，之后不服可以起诉－－一裁两审）。 2．基本原则： （1）自愿原则（实际为意思自治）： a．是否提交仲裁；b．哪些提交仲裁； c．提交哪个仲裁；d．仲裁庭如何组成，由谁组成； e．仲裁的审理方式、开庭方式。 （2）依法仲裁原则 （3）独立仲裁原则 仲裁依法独立进行，不受行政机关、社会团体和个人的干涉。仲裁委员会独立于行政机关，与行政机关没有隶属关系，仲裁委员会之间也没有隶属关系。 （4）一裁终局原则。 3．基本制度： （1）协议仲裁制度：当事人双方应达成有效的书面仲裁协议，没有仲裁协议，一方申请仲裁的，仲裁委员会不予受理。 （2）或裁或审制度： a．当事人达成仲裁协议，一方向人民法院起诉的，法院不予受理，但仲裁协议无效的除外。b．当事人达成仲裁协议，一方向人民法院起诉未声明有仲裁协议的，法院受理后，另一方在首次开庭前提交仲裁协议的，法院应当驳回起诉，但仲裁协议无效的除外；另一方在首次开庭前未对法院受理该案提出异议的，视为放弃仲裁协议，法院应当继续审理。 c．当事人在仲裁裁决被法院依法撤销或裁定不予执行，又未重新达成仲裁协议的情况下向法院提起民事诉讼的，法院应当受理。 （3）一裁终局制度： a．裁决作出后，当事人就同一纠纷再申请仲裁或者向人民法院起诉的，仲裁委员会或者人民法院不予受理。一方当事人不履行仲裁裁决的，另一方当事人可以向法院申请执行。b．裁决被人民法院依法裁定撤销或者不予执行的，当事人就该纠纷可以根据双方重新达到的仲裁协议申请仲裁，也可以向人民法院起诉。 第二章仲裁委员会和仲裁协会 1．仲裁委员会的设立： a．仲裁委员会可以在直辖市和省、自治区人民政府所在地的市设立，也可以根据需要在其他设区的市设立，不按行政区划层层设立； b．仲裁委员会由前款规定的市的人民政府组织有关部门和商会统一组建； c．设立仲裁委员会，应当经省、自治区、直辖市的司法行政部门登记； d．依法可以设立仲裁委员会的市只能组建一个统一的仲裁委员会，不得按照不同专业设立专业仲裁委员会或专业仲裁庭。 2．仲裁委员会应具备的条件：

仲裁法重点整理

一、仲裁法的基本制度及基本原则。 基本制度： （一）回避制度 在民商事仲裁中，仲裁员以及其他可能影响案件公正审理的有关人员，在于有法律规定的情形时，退出该仲裁程序的制度。回避的法理基础：1、利益规避原则。2、法官应当中立而不能持有偏见（防止预断）。 （二）不公开审理制度 以不公开为原则，公开为例外仲裁不公开进行。当事人协议公开的，可以公开进行，但涉及国家秘密的除外。 （三）开庭审理与书面审理相结合的制度 仲裁应当开庭进行。当事人协议不开庭的，仲裁庭可以根据仲裁申请书、答辩书以及其他材料作出裁决。 （四）或裁或审制度 1、当事人达成仲裁协议的，应当向仲裁机构申请仲裁，不能向法院起诉。 2、人民法院不受理当事人之间有仲裁协议的起诉。 3、对于没有仲裁协议的争议案件，当事人既可以于争议发生后签订仲裁协议而选择仲裁解决，也可以直接向人民法院提起诉讼。 （五）一裁终局制度 1、当事人之间的纠纷经仲裁庭审理和裁决后，任何一方当事人不得就同一纠纷再此向仲裁委员会申请仲裁； 2、任何一方当事人不得就同一纠纷向人民法院提起诉讼； 3、仲裁裁决与终局判决具有同等的法律效力，具有强制执行力。 （六）仲裁员信息披露制度 仲裁员在接受委任前，必须向仲裁机构和各方当事人披露可能对其公正性或独立性产生正当怀疑的任何情况；在仲裁的任何阶段，如发生可能引起此类怀疑的新情况，仲裁员应当迅速向各方当事人和仲裁机构予以披露。 基本原则： 仲裁法基本原则的概念 是指贯穿全部仲裁过程、对仲裁活动起着指导作用或者在仲裁活动进行的各个阶段起着主导作用的行为准则。 1、反映仲裁本质特征的 2、具有一定的抽象性，不具有具体可操作性（区别于基本制度） 一、自愿原则 自愿原则贯穿于仲裁程序的始终：基石、首要原则。 1.以仲裁方式解决纠纷，应以双方当事人自愿为前提（4条：当事人采用仲裁方式解决纠纷，应当双方自愿，达成仲裁协议，如果没有仲裁协议，一方申请仲裁的，仲裁委员会不予受理）。 2.仲裁机构和仲裁地点，由双方当事人协商选定（6条） 3.仲裁庭组成形式及仲裁员，由当事人自主选定（30、31条） 4.提交仲裁的争议事项，由当事人双方约定（16、18） 5.当事人可以约定开庭形式、审理方式等有关程序事项（39、40、44、54） 二、处分原则

电大国家开放大学形考任务-仲裁法(

拿答案：2937748743 xx形考任务终结性考试答案 【判断题】《中华人民共和国仲裁法》于1995年9月1日起施行。 【判断题】《仲裁法》58条规定，当事人应当向仲裁委员会所在地的高级人民法院申请撤消仲裁裁决。 【判断题】《仲裁法》规定：当事人申请撤消裁决的，应当自收到裁决书之日起2个月内提出。 【判断题】《仲裁法》规定：仲裁委员会可以在直辖市和省、自治区人民政府所在地的市设立，不按行政区划层层设立。 【判断题】《仲裁法》规定：仲裁应当根据事实，符合法律规定。这里所说的事实，即包括案件事实，也包括证据事实。 【判断题】1998年6月21日，国务院将“海事仲裁委员会”改名为中国海事仲裁委员会，一直沿用至今。 【判断题】案件受理费应当由仲裁申请人在收到仲裁委员会受理通知书之日起30日内预交。 【判断题】被申请人对仲裁庭管辖权的异议与抗辩可以不在答辩书中提出。 【判断题】被申请人应当在收到仲裁通知之日起15天内，向仲裁委员会秘书局提交答辩书和有关证明文件。 【判断题】财产保全限于请求的范围或者与本案有关的财物。 【判断题】财产保全只能采取查封、扣押、冻结的方法。 【判断题】撤消仲裁裁决的裁定作出后，当事人可以提起上诉、也可以申请复议。

【判断题】除当事人可以申请撤消仲裁裁决外，人民法院可以主动撤消仲裁裁决。 【判断题】当事人依据仲裁协议申请仲裁是仲裁程序开始的前提，必然会引起仲裁程序的发生。 【判断题】当事人自收到裁决书之日起15日内，可以请求仲裁庭补正。 【判断题】各仲裁规则都规定仲裁申请可以采取书面形式。 【判断题】根据《仲裁法》规定，仲裁委员会的组成人员中，法律、经济贸易专家不得少于。 【判断题】根据《仲裁法》规定：仲裁庭可以由3名仲裁员或者1名仲裁员组成。 【判断题】根据证据是否直接来源于案件事实，可以把证据分为直接证据和间接证据两类。 【判断题】根据证据与待证事实之间的关系，可以把证据分为原始证据和派生证据两类。 【判断题】根据证据与当事人主张的事实之间的关系，可以把证据分为本证和反证两大类。 【判断题】根据仲裁时效适用范围的不同。仲裁时效可以分为普通仲裁时效和特殊仲裁时效。 【判断题】关于仲裁费用的负担，原则上由败诉的当事人承担。 【判断题】国际商会仲裁院成立于1923年，是附属于国际商会的一个国际性常设调解与仲裁机构。 【判断题】美国仲裁协会采用列名的方式向当事人推荐仲裁员。【判断题】美国仲裁协会是美国最主要的国际仲裁常设机构。 【判断题】平等主体的公民、法人和其他组织之间发生的所有财产权益纠纷，都可以仲裁。

关于仲裁法的若干问题

遇到仲裁问题？赢了网律师为你免费解惑！访问>> https://www.wendangku.net/doc/c217266092.html, 关于仲裁法的若干问题 仲裁法现在都在探讨，这是个新东西，在目前情况下，对其进行立法解释或者司法解释都相当困难，而行政主管部门如国务院法制局的解释又是极其慎重的，唯一可以大胆一些的解释就是教授的解释，因为学术解释、学者解释没有法律效力，观点不一定正确，我也不是这方面的权威，这里只想和大家共同探讨一下，而不是作权威性的解答。我想谈六个方面的问题： 一、仲裁在我国统一的法制中的地位 国家的统一法制包含了三层意思：（1）我国立法除地方立法外不应该还存在着因为适用法律不同而造成的冲突法；（2）解决权益的纠纷都应该由法院来行使权利，我国应逐步取消行政司法的概念；（3）审判和仲裁在解决同一纠纷的时候，要不要有个统一的标准。这是保证我国法制统一的三大问题。 我先谈第一个问题，这个问题在我国酝酿已久。1986年我国制定民法通则的时候有个小插曲，今天看仍有深远意义。民法通则有这

样一条文：“合法的借贷关系受法律保护”，这是一句大废话。当时的背景是六届人大讨论草案时，原来条文是写“合法的借贷关系受法律保护，禁止高利贷”，有代表提出，既然禁止高利贷，法律就应该对什么是高利贷作一个界定。当时立法机关同银行协商，银行回答超过银行法定利率四倍以上就叫高利贷。这个标准如果说象兰州那样的偏远地方还可以适用的话，那么温州、福建、广州一带就绝对不能接受，因为这些地方所有的民间借贷都要变成非法的了，那民法通则怎么执行？所以最后只好把“禁止高利贷”五个字删掉。但高利贷的问题并没有解决，有人提出地方法规里能不能对高利贷的标准分别规定，兰州有兰州的标准，温州有温州的标准，如此一来，如果在兰州与温州之间发生借贷纠纷的话，我们就出现国内的冲突法了。公司法通过后，规定必须注册资本100％地交足后公司才能成立，而深圳的公司条例规定的却是只要交够了50％的注册资本公司就可以成立了，马上就有一个问题，全国公司法通过以后，深圳的公司条例要不要修改？在我国允许地方立法，地方差别又很大的情况下，如何在全国基本法中设定统一的规范，这是个大问题。按照我的看法，就是决不允许在市场经济体制里面，在中华人民共和国的国土上各省、自治区之间存在冲突法。这点对仲裁也是非常重要的，仲裁再多的独立性，也应在全国统一的法制前提下来搞。 第二个问题是审判权的问题。从民事、经济的角度来说，涉及权属争议的案件，过去长期以来行政机关有决策权，经济合同法未修

仲裁法选择题(学生用)

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A.从事仲裁工作满8年的 B.从事律师工作满8年的 C.任审判员满8年的且仍在任职当中 10、仲裁审理方式为（B ） A.公开开庭审理 B.不公开开庭审理 C.不开庭审理 11、仲裁委员会不可以聘请下列哪些人员担任仲裁员（C ） A.在某法学研究所从事法学研究多年的张研究员 B.在某大学经济系从事对外贸易专业教学的法律专家陈教授 C.在某高级人民法院从事了17年经济审判工作的蔡庭长 12、下列哪种情形不属于仲裁员法定回避情形（C ） A.某仲裁员私自会见一方当事人的代理人 B.某仲裁员是一方当事人的代理人的配偶 C.某仲裁员曾做过对方当事人的法律顾问，现在某一高校任教 13、下列有关当事人申请撤销仲裁裁决表述正确的是（A ） A. 有证据证明适用法律确有错误的 B.必须向仲裁委员会所在地的中级人民法院提出 C.必须在自收到裁决书之日起3个月内提出 6 14、当事人应当在收到本会受理通知书之日起（A ）内提交证据材料，最迟应当在仲裁庭开庭前提交。 A.15日 B.10日 C.7日 15、仲裁裁决生效后，法律规定特定情形下仲裁庭应当对裁决书进行补正，下列哪一项不属于这些特定情形之一（C ）

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