PART I - ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT　{ 4 }　
Introductory　{ 5 }　
Section 1. - General principles.　{ 6 }　
Section 2. - Scope of application of provisions.　{ 11 }　
Section 3. - The seat of the arbitration.　{ 24 }　
Section 4. - Mandatory and non-mandatory provisions.　{ 30 }　
Section 5. - Agreements to be in writing.　{ 36 }　
Definition of arbitration agreement.　{ 46 }　
Section 6. - The arbitration agreement　{ 47 }　
Section 7. - Separability of arbitration agreement.　{ 50 }　
Section 8. - Whether agreement discharged by death of a party.　{ 52 }　
Stay of legal proceedings.　{ 55 }　
Section 9. - Stay of legal proceedings　{ 56 }　
Section 10. - Reference of interpleader issue to arbitration.　{ 62 }　
Section 11. - Retention of security where Admiralty proceedings stayed.　{ 65 }　
Commencement of arbitral proceedings　{ 70 }　
Section 12. - Power of court to extend time for beginning arbitral proceedings,
&c.　{ 71 }　
Section 13. - Application of Limitation Acts.　{ 83 }　
Section 14. - Commencement of arbitral proceedings.　{ 97 }　
The arbitral tribunal　{ 103 }　
Section 15. - The arbitral tribunal.　{ 104 }　
Section 16. - Procedure for appointment of arbitrators.　{ 108 }　
Section 17. - Power in case of default to appoint sole arbitrator.　{ 120 }　
Section 18. - Failure of appointment procedure.　{ 128 }　
Section 19. - Court to have regard to agreed qualifications.　{ 138 }　
Section 20. - Chairman.　{ 140 }　
Section 21. - Umpire.　{ 145 }　
Section 22. - Decision-making where no chairman or umpire.　{ 154 }　
Section 23. - Revocation of arbitrator's authority.　{ 157 }　
Section 24. - Power of court to remove arbitrator.　{ 167 }　
Section 25. - Resignation of arbitrator.　{ 181 }　
Section 26. - Death of arbitrator or person appointing him.　{ 191 }　
Section 27. - Filling of vacancy, &c.　{ 194 }　
Section 28. - Joint and several liability of parties to arbitrators for fees and
expenses.　{ 203 }　
Section 29. - Immunity of arbitrator.　{ 210 }　
Jurisdiction of the arbitral tribunal　{ 214 }　
Section 30. - Competence of tribunal to rule on its own jurisdiction.　{ 215 }　
Section 31. - Objection to substantive jurisdiction of tribunal.　{ 221 }　
Section 32. - Determination of preliminary point of jurisdiction.　{ 229 }　
The arbitral proceedings　{ 241 }　
Section 33. - General duty of the tribunal.　{ 242 }　
Section 34. - Procedural and evidential matters.　{ 247 }　
Section 35. - Consolidation of proceedings and concurrent hearings.　{ 259 }　
Section 36. - Legal or other representation.　{ 265 }　
Section 37. - Power to appoint experts, legal advisers or assessors.　{ 267 }　
Section 38. - General powers exercisable by the tribunal.　{ 275 }　
Section 39. - Power to make provisional awards.　{ 286 }　
Section 40. - General duty of parties.　{ 293 }　
Section 41. - Powers of tribunal in case of party's default.　{ 298 }　
Powers of court in relation to arbitral proceedings　{ 316 }　
Section 42. - Enforcement of peremptory orders of tribunal.　{ 317 }　
Section 43. - Securing the attendance of witnesses.　{ 326 }　
Section 44. - Court powers exercisable in support of arbitral proceedings.　{ 333
}　
Section 45. - Determination of preliminary point of law.　{ 349 }　
The award　{ 360 }　
Section 46. - Rules applicable to substance of dispute.　{ 361 }　
Section 47. - Awards on different issues, &c.　{ 367 }　
Section 48. - Remedies.　{ 373 }　
Section 49. - Interest.　{ 382 }　
Section 50. - Extension of time for making award.　{ 391 }　
Section 51. - Settlement.　{ 400 }　
Section 52. - Form of award.　{ 406 }　
Section 53. - Place where award treated as made.　{ 412 }　
Section 54. - Date of award.　{ 414 }　
Section 55. - Notification of award.　{ 417 }　
Section 56. - Power to withhold award in case of non-payment.　{ 421 }　
Section 57. - Correction of award or additional award.　{ 433 }　
Section 58. - Effect of award.　{ 443 }　
Costs of the arbitration　{ 446 }　
Section 59. - Costs of the arbitration.　{ 447 }　
Section 60. - Agreement to pay costs in any event.　{ 453 }　
Section 61. - Award of costs.　{ 455 }　
Section 62. - Effect of agreement or award about costs.　{ 458 }　
Section 63. - The recoverable costs of the arbitration.　{ 460 }　
Section 64. - Recoverable fees and expenses of arbitrators.　{ 474 }　
Section 65. - Power to limit recoverable costs.　{ 481 }　
Powers of the court in relation to award　{ 484 }　
Section 66. - Enforcement of the award.　{ 485 }　
Section 67. - Challenging the award: substantive jurisdiction.　{ 491 }　
Section 68. - Challenging the award: serious irregularity.　{ 501 }　
Section 69. - Appeal on point of law.　{ 518 }　
Section 70. - Challenge or appeal: supplementary provisions.　{ 539 }　
Section 71. - Challenge or appeal: effect of order of court.　{ 555 }　
Miscellaneous　{ 560 }　
Section 72. - Saving for rights of person who takes no part in proceedings.　{
561 }　
Section 73. - Loss of right to object.　{ 571 }　
Section 74. - Immunity of arbitral institutions, &c.　{ 582 }　
Section 75. - Charge to secure payment of solicitors' costs.　{ 586 }　
Supplementary　{ 590 }　
Section 76. - Service of notices, &c.　{ 591 }　
Section 77. - Powers of court in relation to service of documents.　{ 601 }　
Section 78. - Reckoning periods of time.　{ 608 }　
Section 79. - Power of court to extend time limits relating to arbitral
proceedings.　{ 615 }　
Section 80. - Notice and other requirements in connection with legal
proceedings.　{ 626 }　
Section 81. - Saving for certain matters governed by common law.　{ 641 }　
Section 82. - Minor definitions.　{ 647 }　
Section 83. - Index of defined expressions: Part I.　{ 662 }　
Section 84. - Transitional provisions.　{ 663 }　

PART II - OTHER PROVISIONS RELATING TO ARBITRATION　{ 667 }　
Domestic arbitration agreements　{ 668 }　
Section 85. - Modification of Part I in relation to domestic arbitration
agreement.　{ 669 }　
Section 86. - Staying of legal proceedings.　{ 676 }　
Section 87. - Effectiveness of agreement to exclude court's jurisdiction.　{ 683
}　
Section 88. - Power to repeal or amend sections 85 to 87.　{ 690 }　
Consumer arbitration agreements　{ 694 }　
Section 89. - Application of unfair terms regulations to consumer arbitration
agreements.　{ 695 }　
Section 90. - Regulations apply where consumer is a legal person.　{ 700 }　
Section 91. - Arbitration agreement unfair where modest amount sought.　{ 702 }　
Small claims arbitration in the county court　{ 713 }　
Section 92. - Exclusion of Part I in relation to small claims arbitration in the
county court.　{ 714 }　
Section 93. - Appointment of judges as arbitrators Appointment of judges as
arbitrators.　{ 717 }　
Statutory arbitrations　{ 727 }　
Section 94. - Application of Part I to statutory arbitrations.　{ 728 }　
Section 95. - General adaptation of provisions in relation to statutory
arbitrations.　{ 738 }　
Section 96. - Specific adaptations of provisions in relation to statutory
arbitrations.　{ 743 }　
Section 97. - Provisions excluded from applying to statutory arbitrations.　{ 748
}　
Section 98. - Power to make further provision by regulations.　{ 753 }　

PART III - RECOGNITION AND ENFORCEMENT OF CERTAIN FOREIGN AWARDS　{ 757 }　
Enforcement of Geneva Convention awards　{ 758 }　
Section 99. - Continuation of Part II of the Arbitration Act 1950.　{ 759 }　
Recognition and enforcement of New York Convention awards　{ 762 }　
Section 100. - New York Convention awards.　{ 763 }　
Section 101. - Recognition and enforcement of awards.　{ 770 }　
Section 102. - Evidence to be produced by party seeking recognition or
enforcement.　{ 774 }　
Section 103. - Refusal of recognition or enforcement.　{ 779 }　
Section 104. - Saving for other bases of recognition or enforcement.　{ 791 }　

PART IV - GENERAL PROVISIONS　{ 793 }　
Section 105. - Meaning of "the court": jurisdiction of High Court and county
court.　{ 794 }　
Section 106. - Crown application.　{ 807 }　
Section 107. - Consequential amendments and repeals.　{ 814 }　
Section 108. - Extent.　{ 817 }　
Section 109. - Commencement.　{ 825 }　
Section 110. - Short title.　{ 828 }　
　
Arbitration Act 1996 (of England)
1996 CHAPTER 23 [17th June 1996]
　
{ 1 }　
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.
{ 2 }　
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: -
{ 3 }　
PART I - ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT
　
{ 4 }　
Introductory
　
{ 5 }　
Section 1. - General principles.
　
{ 6 }　
The provisions of this Part are founded on the following principles, and shall
be construed accordingly -
{ 7 }　
(a) the object of arbitration is to obtain the fair resolution of disputes by an
impartial tribunal without unnecessary delay or expense;
{ 8 }　
(b) the parties should be free to agree how their disputes are resolved, subject
only to such safeguards as are necessary in the public interest;
{ 9 }　
(c) in matters governed by this Part the court should not intervene except as
provided by this Part.
{ 10 }　
Section 2. - Scope of application of provisions.
　
{ 11 }　
(1) The provisions of this Part apply where the seat of the arbitration is in
England and Wales or Northern Ireland.
　{ 12 }　
(2) The following 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 -
　{ 13 }　
(a) sections 9 to 11 (stay of legal proceedings, &c.), and
　{ 14 }　
(b) section 66 (enforcement of arbitral awards).
　{ 15 }　
(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 -
　{ 16 }　
(a) section 43 (securing the attendance of witnesses), and
　{ 17 }　
(b) section 44 (court powers exercisable in support of arbitral proceedings);
　{ 18 }　
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.
　{ 19 }　
(4) The court may exercise a power conferred by any provision of this Part not
mentioned in subsection (2) or (3) for the purpose of supporting the arbitral
process where -
　{ 20 }　
(a) no seat of the arbitration has been designated or determined, and
　{ 21 }　
(b) by reason of a connection with England and Wales or Northern Ireland the
court is satisfied that it is appropriate to do so.
　{ 22 }　
(5) Section 7 (separability of arbitration agreement) and section 8 (death of a
party) apply where the law applicable to the arbitration agreement is the law of
England and Wales or Northern Ireland even if the seat of the arbitration is
outside England and Wales or Northern Ireland or has not been designated or
determined.
　{ 23 }　
　
Section 3. - The seat of the arbitration.
　
{ 24 }　
In this Part"the seat of the arbitration" means the juridical seat of the
arbitration designated -
　{ 25 }　
(a) by the parties to the arbitration agreement, or
　{ 26 }　
(b) by any arbitral or other institution or person vested by the parties with
powers in that regard, or
　{ 27 }　
(c) by the arbitral tribunal if so authorised by the parties,
　{ 28 }　
or determined, in the absence of any such designation, having regard to the
parties' agreement and all the relevant circumstances.
　{ 29 }　
　
Section 4. - Mandatory and non-mandatory provisions.
　
{ 30 }　
(1) The mandatory provisions of this Part are listed in Schedule 1 and have
effect notwithstanding any agreement to the contrary.
　{ 31 }　
(2) The other provisions of this Part (the "non-mandatory provisions") allow the
parties to make their own arrangements by agreement but provide rules which
apply in the absence of such agreement.
　{ 32 }　
(3) The parties may make such arrangements by agreeing to the application of
institutional rules or providing any other means by which a matter may be
decided.
　{ 33 }　
(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.
　{ 34 }　
(5) The choice of a law other than the law of England and Wales or Northern
Ireland as the applicable law in respect of a matter provided for by a
non-mandatory provision of 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 determined in
the absence of any express or implied choice, shall be treated as chosen by the
parties.
　{ 35 }　
　
Section 5. - Agreements to be in writing.
　
{ 36 }　
(1) The provisions of this Part apply only where the arbitration agreement is in
writing, and any other agreement between the parties as to any matter is
effective for the purposes of this Part only if in writing. The
expressions"agreement","agree" and"agreed" shall be construed accordingly.
　{ 37 }　
(2) There is an agreement in writing -
　{ 38 }　
(a) if the agreement is made in writing (whether or not it is signed by the
parties),
　{ 39 }　
(b) if the agreement is made by exchange of communications in writing, or
　{ 40 }　
(c) if the agreement is evidenced in writing.
　{ 41 }　
(3) Where parties agree otherwise than in writing by reference to terms which
are in writing, they make an agreement in writing.
　{ 42 }　
(4) An agreement is 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.
　{ 43 }　
(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.
　{ 44 }　
(6) References in this Part to anything being written or in writing include its
being recorded by any means.
　{ 45 }　
　
Definition of arbitration agreement.
　
{ 46 }　
　
Section 6. - The arbitration agreement
　
{ 47 }　
(1) In this Part an"arbitration agreement" means an agreement to submit to
arbitration present or future disputes (whether they are contractual or not).
　{ 48 }　
(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.
　{ 49 }　
　
Section 7. - Separability of arbitration agreement.
　
{ 50 }　
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.
　{ 51 }　
　
Section 8. - Whether agreement discharged by death of a party.
　
{ 52 }　
(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.
　{ 53 }　
(2) Subsection (1) does not affect the operation of any enactment or rule of law
by virtue of which a substantive right or obligation is extinguished by death.
　{ 54 }　
　
Stay of legal proceedings.
　
{ 55 }　
　
Section 9. - Stay of legal proceedings
　
{ 56 }　
(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.
　{ 57 }　
(2) An application may be made notwithstanding that the matter is to be referred
to arbitration only after the exhaustion of other dispute resolution procedures.

　{ 58 }　
(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.
　{ 59 }　
(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.
　{ 60 }　
(5) If the court refuses to stay the legal proceedings, any provision that an
award is a condition precedent to the bringing of legal proceedings in respect
of any matter is of no effect in relation to those proceedings.
　{ 61 }　
　
Section 10. - Reference of interpleader issue to arbitration.
　
{ 62 }　
(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.
　{ 63 }　
(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.
　{ 64 }　
　
Section 11. - Retention of security where Admiralty proceedings stayed.
　
{ 65 }　
(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 -
　{ 66 }　
(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
　{ 67 }　
(b) order that the stay of those proceedings be conditional on the provision of
equivalent security for the satisfaction of any such award.
　{ 68 }　
(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.
　{ 69 }　
　
Commencement of arbitral proceedings
　
{ 70 }　
　
Section 12. - Power of court to extend time for beginning arbitral proceedings,
&c.
　
{ 71 }　
(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 -
　{ 72 }　
(a) to begin arbitral proceedings, or
　{ 73 }　
(b) to begin other dispute resolution procedures which must be exhausted before
arbitral proceedings can be begun,
　{ 74 }　
the court may by order extend the time for taking that step.
　{ 75 }　
(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.
　{ 76 }　
(3) The court shall make an order only if satisfied -
　{ 77 }　
(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
　{ 78 }　
(b) that the conduct of one party makes it unjust to hold the other party to the
strict terms of the provision in question.
　{ 79 }　
(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.
　{ 80 }　
(5) An order under this section does not affect the operation of the Limitation
Acts (see section 13).
　{ 81 }　
(6) The leave of the court is required for any appeal from a decision of the
court under this section.
　{ 82 }　
　
Section 13. - Application of Limitation Acts.
　
{ 83 }　
(1) The Limitation Acts apply to arbitral proceedings as they apply to legal
proceedings.
　{ 84 }　
(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 -
　{ 85 }　
(a) of an award which the court orders to be set aside or declares to be of no
effect, or
　{ 86 }　
(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,
　{ 87 }　
the period between the commencement of the arbitration and the date of the order
referred to in paragraph (a) or (b) shall be excluded.
　{ 88 }　
(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.
　{ 89 }　
(4) In this Part"the Limitation Acts" means -
　{ 90 }　
(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;
　{ 91 }　
(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.
　{ 92 }　
1980 c. 58.
　{ 93 }　
1984 c. 16.
　{ 94 }　
S.I. 1989/1339 (N.I. 11).
　{ 95 }　
S.I. 1985/754 (N.I. 5).
　{ 96 }　
　
Section 14. - Commencement of arbitral proceedings.
　
{ 97 }　
(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.
　{ 98 }　
(2) If there is no such agreement the following provisions apply.
　{ 99 }　
(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.
　{ 100 }　
(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 appoint
an arbitrator or to agree to the appointment of an arbitrator in respect of that
matter.
　{ 101 }　
(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.
　{ 102 }　
　
The arbitral tribunal
　
{ 103 }　
　
Section 15. - The arbitral tribunal.
　
{ 104 }　
(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.
　{ 105 }　
(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.
　{ 106 }　
(3) If there is no agreement as to the number of arbitrators, the tribunal shall
consist of a sole arbitrator.
　{ 107 }　
　
Section 16. - Procedure for appointment of arbitrators.
　
{ 108 }　
(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.
　{ 109 }　
(2) If or to the extent that there is no such agreement, the following
provisions apply.
　{ 110 }　
(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.
　{ 111 }　
(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.
　{ 112 }　
(5) If the tribunal is to consist of three arbitrators -
　{ 113 }　
(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
　{ 114 }　
(b) the two so appointed shall forthwith appoint a third arbitrator as the
chairman of the tribunal.
　{ 115 }　
(6) If the tribunal is to consist of two arbitrators and an umpire -
　{ 116 }　
(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
　{ 117 }　
(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.
　{ 118 }　
(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.
　{ 119 }　
　
Section 17. - Power in case of default to appoint sole arbitrator.
　
{ 120 }　
(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.
　{ 121 }　
(2) If the party in default does not within 7 clear days of that notice being
given -
　{ 122 }　
(a) make the required appointment, and
　{ 123 }　
(b) notify the other party that he has done so,
　{ 124 }　
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.
　{ 125 }　
(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.
　{ 126 }　
(4) The leave of the court is required for any appeal from a decision of the
court under this section.
　{ 127 }　
　
Section 18. - Failure of appointment procedure.
　
{ 128 }　
(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.
　{ 129 }　
(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.
　{ 130 }　
(3) Those powers are -
　{ 131 }　
(a) to give directions as to the making of any necessary appointments;
　{ 132 }　
(b) to direct that the tribunal shall be constituted by such appointments (or
any one or more of them) as have been made;
　{ 133 }　
(c) to revoke any appointments already made;
　{ 134 }　
(d) to make any necessary appointments itself.
　{ 135 }　
(4) An appointment made by the court under this section has effect as if made
with the agreement of the parties.
　{ 136 }　
(5) The leave of the court is required for any appeal from a decision of the
court under this section.
　{ 137 }　
　
Section 19. - Court to have regard to agreed qualifications.
　
{ 138 }　
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.
　{ 139 }　
　
Section 20. - Chairman.
　
{ 140 }　
(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.
　{ 141 }　
(2) If or to the extent that there is no such agreement, the following
provisions apply.
　{ 142 }　
(3) Decisions, orders and awards shall be made by all or a majority of the
arbitrators (including the chairman).
　{ 143 }　
(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).
　{ 144 }　
　
Section 21. - Umpire.
　
{ 145 }　
(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 -
　{ 146 }　
(a) whether he is to attend the proceedings, and
　{ 147 }　
(b) when he is to replace the other arbitrators as the tribunal with power to
make decisions, orders and awards.
　{ 148 }　
(2) If or to the extent that there is no such agreement, the following
provisions apply.
　{ 149 }　
(3) The umpire shall attend the proceedings and be supplied with the same
documents and other materials as are supplied to the other arbitrators.
　{ 150 }　
(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.
　{ 151 }　
(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.
　{ 152 }　
(6) The leave of the court is required for any appeal from a decision of the
court under this section.
　{ 153 }　
　
Section 22. - Decision-making where no chairman or umpire.
　
{ 154 }　
(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.
　{ 155 }　
(2) If there is no such agreement, decisions, orders and awards shall be made by
all or a majority of the arbitrators.
　{ 156 }　
　
Section 23. - Revocation of arbitrator's authority.
　
{ 157 }　
(1) The parties are free to agree in what circumstances the authority of an
arbitrator may be revoked.
　{ 158 }　
(2) If or to the extent that there is no such agreement the following provisions
apply.
　{ 159 }　
(3) The authority of an arbitrator may not be revoked except -
　{ 160 }　
(a) by the parties acting jointly, or
　{ 161 }　
(b) by an arbitral or other institution or person vested by the parties with
powers in that regard.
　{ 162 }　
(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.
　{ 163 }　
(5) Nothing in this section affects the power of the court -
　{ 164 }　
(a) to revoke an appointment under section 18 (powers exercisable in case of
failure of appointment procedure), or
　{ 165 }　
(b) to remove an arbitrator on the grounds specified in section 24.
　{ 166 }　
　
Section 24. - Power of court to remove arbitrator.
　
{ 167 }　
(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 -
　{ 168 }　
(a) that circumstances exist that give rise to justifiable doubts as to his
impartiality;
　{ 169 }　
(b) that he does not possess the qualifications required by the arbitration
agreement;
　{ 170 }　
(c) that he is physically or mentally incapable of conducting the proceedings or
there are justifiable doubts as to his capacity to do so;
　{ 171 }　
(d) that he has refused or failed -
　{ 172 }　
(i) properly to conduct the proceedings, or
　{ 173 }　
(ii) to use all reasonable despatch in conducting the proceedings or making an
award,
　{ 174 }　
and that substantial injustice has been or will be caused to the applicant.
　{ 175 }　
(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.
　{ 176 }　
(3) The arbitral tribunal may continue the arbitral proceedings and make an
award while an application to the court under this section is pending.
　{ 177 }　
(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.
　{ 178 }　
(5) The arbitrator concerned is entitled to appear and be heard by the court
before it makes any order under this section.
　{ 179 }　
(6) The leave of the court is required for any appeal from a decision of the
court under this section.
　{ 180 }　
　
Section 25. - Resignation of arbitrator.
　
{ 181 }　
(1) The parties are free to agree with an arbitrator as to the consequences of
his resignation as regards -
　{ 182 }　
(a) his entitlement (if any) to fees or expenses, and
　{ 183 }　
(b) any liability thereby incurred by him.
　{ 184 }　
(2) If or to the extent that there is no such agreement the following provisions
apply.
　{ 185 }　
(3) An arbitrator who resigns his appointment may (upon notice to the parties)
apply to the court -
　{ 186 }　
(a) to grant him relief from any liability thereby incurred by him, and
　{ 187 }　
(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.
　{ 188 }　
(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.
　{ 189 }　
(5) The leave of the court is required for any appeal from a decision of the
court under this section.
　{ 190 }　
　
Section 26. - Death of arbitrator or person appointing him.
　
{ 191 }　
(1) The authority of an arbitrator is personal and ceases on his death.
　{ 192 }　
(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.
　{ 193 }　
　
Section 27. - Filling of vacancy, &c.
　
{ 194 }　
(1) Where an arbitrator ceases to hold office, the parties are free to agree -
　{ 195 }　
(a) whether and if so how the vacancy is to be filled,
　{ 196 }　
(b) whether and if so to what extent the previous proceedings should stand, and
　{ 197 }　
(c) what effect (if any) his ceasing to hold office has on any appointment made
by him (alone or jointly).
　{ 198 }　
(2) If or to the extent that there is no such agreement, the following
provisions apply.
　{ 199 }　
(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.
　{ 200 }　
(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.
　{ 201 }　
(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.
　{ 202 }　
　
Section 28. - Joint and several liability of parties to arbitrators for fees and
expenses.
　
{ 203 }　
(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.
　{ 204 }　
(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.
　{ 205 }　
(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.
　{ 206 }　
(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).
　{ 207 }　
(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.
　{ 208 }　
(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.
　{ 209 }　
　
Section 29. - Immunity of arbitrator.
　
{ 210 }　
(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.
　{ 211 }　
(2) Subsection (1) applies to an employee or agent of an arbitrator as it
applies to the arbitrator himself.
　{ 212 }　
(3) This section does not affect any liability incurred by an arbitrator by
reason of his resigning (but see section 25).
　{ 213 }　
　
Jurisdiction of the arbitral tribunal
　
{ 214 }　
　
Section 30. - Competence of tribunal to rule on its own jurisdiction.
　
{ 215 }　
(1) Unless otherwise agreed by the parties, the arbitral tribunal may rule on
its own substantive jurisdiction, that is, as to -
　{ 216 }　
(a) whether there is a valid arbitration agreement,
　{ 217 }　
(b) whether the tribunal is properly constituted, and
　{ 218 }　
(c) what matters have been submitted to arbitration in accordance with the
arbitration agreement.
　{ 219 }　
(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.
　{ 220 }　
　
Section 31. - Objection to substantive jurisdiction of tribunal.
　
{ 221 }　
(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.
　{ 222 }　
(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.
　{ 223 }　
(3) The arbitral tribunal may admit an objection later than the time specified
in subsection (1) or (2) if it considers the delay justified.
　{ 224 }　
(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 -
　{ 225 }　
(a) rule on the matter in an award as to jurisdiction, or
　{ 226 }　
(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.
　{ 227 }　
(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).
　{ 228 }　
　
Section 32. - Determination of preliminary point of jurisdiction.
　
{ 229 }　
(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).
　{ 230 }　
(2) An application under this section shall not be considered unless -
　{ 231 }　
(a) it is made with the agreement in writing of all the other parties to the
proceedings, or
　{ 232 }　
(b) it is made with the permission of the tribunal and the court is satisfied -
　{ 233 }　
(i) that the determination of the question is likely to produce substantial
savings in costs,
　{ 234 }　
(ii) that the application was made without delay, and
　{ 235 }　
(iii) that there is good reason why the matter should be decided by the court.
　{ 236 }　
(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.
　{ 237 }　
(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.
　{ 238 }　
(5) Unless the court gives leave, no appeal lies from a decision of the court
whether the conditions specified in subsection (2) are met.
　{ 239 }　
(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.
　{ 240 }　
　
The arbitral proceedings
　
{ 241 }　
　
Section 33. - General duty of the tribunal.
　
{ 242 }　
(1) The tribunal shall -
　{ 243 }　
(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
　{ 244 }　
(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.
　{ 245 }　
(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.
　{ 246 }　
　
Section 34. - Procedural and evidential matters.
　
{ 247 }　
(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.
　{ 248 }　
(2) Procedural and evidential matters include -
　{ 249 }　
(a) when and where any part of the proceedings is to be held;
　{ 250 }　
(b) the language or languages to be used in the proceedings and whether
translations of any relevant documents are to be supplied;
　{ 251 }　
(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;
　{ 252 }　
(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;
　{ 253 }　
(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;
　{ 254 }　
(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;
　{ 255 }　
(g) whether and to what extent the tribunal should itself take the initiative in
ascertaining the facts and the law;
　{ 256 }　
(h) whether and to what extent there should be oral or written evidence or
submissions.
　{ 257 }　
(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).
　{ 258 }　
　
Section 35. - Consolidation of proceedings and concurrent hearings.
　
{ 259 }　
(1) The parties are free to agree -
　{ 260 }　
(a) that the arbitral proceedings shall be consolidated with other arbitral
proceedings, or
　{ 261 }　
(b) that concurrent hearings shall be held,
　{ 262 }　
on such terms as may be agreed.
　{ 263 }　
(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.
　{ 264 }　
　
Section 36. - Legal or other representation.
　
{ 265 }　
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.
　{ 266 }　
　
Section 37. - Power to appoint experts, legal advisers or assessors.
　
{ 267 }　
(1) Unless otherwise agreed by the parties -
　{ 268 }　
(a) the tribunal may -
　{ 269 }　
(i) appoint experts or legal advisers to report to it and the parties, or
　{ 270 }　
(ii) appoint assessors to assist it on technical matters,
　{ 271 }　
and may allow any such expert, legal adviser or assessor to attend the
proceedings; and
　{ 272 }　
(b) the parties shall be given a reasonable opportunity to comment on any
information, op, inion or advice offered by any such person.
　{ 273 }　
(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.
　{ 274 }　
　
Section 38. - General powers exercisable by the tribunal.
　
{ 275 }　
(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.
　{ 276 }　
(2) Unless otherwise agreed by the parties the tribunal has the following
powers.
　{ 277 }　
(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 -
　{ 278 }　
(a) an individual ordinarily resident outside the United Kingdom, or
　{ 279 }　
(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.
　{ 280 }　
(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 -
　{ 281 }　
(a) for the inspection, photographing, preservation, custody or detention of the
property by the tribunal, an expert or a party, or
　{ 282 }　
(b) ordering that samples be taken from, or any observation be made of or
experiment conducted upon, the property.
　{ 283 }　
(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.
　{ 284 }　
(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.
　{ 285 }　
　
Section 39. - Power to make provisional awards.
　
{ 286 }　
(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.
　{ 287 }　
(2) This includes, for instance, making -
　{ 288 }　
(a) a provisional order for the payment of money or the disposition of property
as between the parties, or
　{ 289 }　
(b) an order to make an interim payment on account of the costs of the
arbitration.
　{ 290 }　
(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.
　{ 291 }　
(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.).
　{ 292 }　
　
Section 40. - General duty of parties.
　
{ 293 }　
(1) The parties shall do all things necessary for the proper and expeditious
conduct of the arbitral proceedings.
　{ 294 }　
(2) This includes -
　{ 295 }　
(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
　{ 296 }　
(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).
　{ 297 }　
　
Section 41. - Powers of tribunal in case of party's default.
　
{ 298 }　
(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.
　{ 299 }　
(2) Unless otherwise agreed by the parties, the following provisions apply.
　{ 300 }　
(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 -
　{ 301 }　
(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
　{ 302 }　
(b) has caused, or is likely to cause, serious prejudice to the respondent,
　{ 303 }　
the tribunal may make an award dismissing the claim.
　{ 304 }　
(4) If without showing sufficient cause a party -
　{ 305 }　
(a) fails to attend or be represented at an oral hearing of which due notice was
given, or
　{ 306 }　
(b) where matters are to be dealt with in writing, fails after due notice to
submit written evidence or make written submissions,
　{ 307 }　
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.
　{ 308 }　
(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.
　{ 309 }　
(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.

　{ 310 }　
(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 -
　{ 311 }　
(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;
　{ 312 }　
(b) draw such adverse inferences from the act of non-compliance as the
circumstances justify;
　{ 313 }　
(c) proceed to an award on the basis of such materials as have been properly
provided to it;
　{ 314 }　
(d) make such order as it thinks fit as to the payment of costs of the
arbitration incurred in consequence of the non-compliance.
　{ 315 }　
　
Powers of court in relation to arbitral proceedings
　
{ 316 }　
　
Section 42. - Enforcement of peremptory orders of tribunal.
　
{ 317 }　
(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.
　{ 318 }　
(2) An application for an order under this section may be made -
　{ 319 }　
(a) by the tribunal (upon notice to the parties),
　{ 320 }　
(b) by a party to the arbitral proceedings with the permission of the tribunal
(and upon notice to the other parties), or
　{ 321 }　
(c) where the parties have agreed that the powers of the court under this
section shall be available.
　{ 322 }　
(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.
　{ 323 }　
(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.
　{ 324 }　
(5) The leave of the court is required for any appeal from a decision of the
court under this section.
　{ 325 }　
　
Section 43. - Securing the attendance of witnesses.
　
{ 326 }　
(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.
　{ 327 }　
(2) This may only be done with the permission of the tribunal or the agreement
of the other parties.
　{ 328 }　
(3) The court procedures may only be used if -
　{ 329 }　
(a) the witness is in the United Kingdom, and
　{ 330 }　
(b) the arbitral proceedings are being conducted in England and Wales or, as the
case may be, Northern Ireland.
　{ 331 }　
(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.
　{ 332 }　
　
Section 44. - Court powers exercisable in support of arbitral proceedings.
　
{ 333 }　
(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.
　{ 334 }　
(2) Those matters are -
　{ 335 }　
(a) the taking of the evidence of witnesses;
　{ 336 }　
(b) the preservation of evidence;
　{ 337 }　
(c) making orders relating to property which is the subject of the proceedings
or as to which any question arises in the proceedings -
　{ 338 }　
(i) for the inspection, photographing, preservation, custody or detention of the
property, or
　{ 339 }　
(ii) ordering that samples be taken from, or any observation be made of or
experiment conducted upon, the property;
　{ 340 }　
and for that purpose authorising any person to enter any premises in the
possession or control of a party to the arbitration;
　{ 341 }　
(d) the sale of any goods the subject of the proceedings;
　{ 342 }　
(e) the granting of an interim injunction or the appointment of a receiver.
　{ 343 }　
(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.
　{ 344 }　
(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.
　{ 345 }　
(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.
　{ 346 }　
(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.
　{ 347 }　
(7) The leave of the court is required for any appeal from a decision of the
court under this section.

　{ 310 }　
(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 -
　{ 311 }　
(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;
　{ 312 }　
(b) draw such adverse inferences from the act of non-compliance as the
circumstances justify;
　{ 313 }　
(c) proceed to an award on the basis of such materials as have been properly
provided to it;
　{ 314 }　
(d) make such order as it thinks fit as to the payment of costs of the
arbitration incurred in consequence of the non-compliance.
　{ 315 }　
　
Powers of court in relation to arbitral proceedings
　
{ 316 }　
　
Section 42. - Enforcement of peremptory orders of tribunal.
　
{ 317 }　
(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.
　{ 318 }　
(2) An application for an order under this section may be made -
　{ 319 }　
(a) by the tribunal (upon notice to the parties),
　{ 320 }　
(b) by a party to the arbitral proceedings with the permission of the tribunal
(and upon notice to the other parties), or
　{ 321 }　
(c) where the parties have agreed that the powers of the court under this
section shall be available.
　{ 322 }　
(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.
　{ 323 }　
(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.
　{ 324 }　
(5) The leave of the court is required for any appeal from a decision of the
court under this section.
　{ 325 }　
　
Section 43. - Securing the attendance of witnesses.
　
{ 326 }　
(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.
　{ 327 }　
(2) This may only be done with the permission of the tribunal or the agreement
of the other parties.
　{ 328 }　
(3) The court procedures may only be used if -
　{ 329 }　
(a) the witness is in the United Kingdom, and
　{ 330 }　
(b) the arbitral proceedings are being conducted in England and Wales or, as the
case may be, Northern Ireland.
　{ 331 }　
(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.
　{ 332 }　
　
Section 44. - Court powers exercisable in support of arbitral proceedings.
　
{ 333 }　
(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.
　{ 334 }　
(2) Those matters are -
　{ 335 }　
(a) the taking of the evidence of witnesses;
　{ 336 }　
(b) the preservation of evidence;
　{ 337 }　
(c) making orders relating to property which is the subject of the proceedings
or as to which any question arises in the proceedings -
　{ 338 }　
(i) for the inspection, photographing, preservation, custody or detention of the
property, or
　{ 339 }　
(ii) ordering that samples be taken from, or any observation be made of or
experiment conducted upon, the property;
　{ 340 }　
and for that purpose authorising any person to enter any premises in the
possession or control of a party to the arbitration;
　{ 341 }　
(d) the sale of any goods the subject of the proceedings;
　{ 342 }　
(e) the granting of an interim injunction or the appointment of a receiver.
　{ 343 }　
(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.
　{ 344 }　
(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.
　{ 345 }　
(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.
　{ 346 }　
(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.
　{ 347 }　
(7) The leave of the court is required for any appeal from a decision of the
court under this section.