Preface |
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ix | |
Foreword |
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xi | |
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xiii | |
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li | |
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PART I BACKGROUND TO THE ARBITRATION ACT 1996 |
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1 | (6) |
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1 | (1) |
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1 | (1) |
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Arbitration-related court proceedings |
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2 | (1) |
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2 | (1) |
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The Arbitration Act 1996 and the Model Law |
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3 | (1) |
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Our assessment of the Act |
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4 | (3) |
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PART II THE ARBITRATION ACT 1996 |
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7 | (1) |
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Part I Arbitration pursuant to an arbitration agreement |
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8 | (1) |
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Section 1 General principles |
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8 | (48) |
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2 Scope of application of provisions |
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32 | (4) |
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3 The seat of the arbitration |
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36 | (12) |
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4 Mandatory and non-mandatory provisions |
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48 | (4) |
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5 Agreements to be in writing |
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52 | (4) |
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The arbitration agreement |
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56 | (102) |
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6 Definition of arbitration agreement |
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56 | (94) |
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7 Separability of arbitration agreement |
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150 | (8) |
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8 Whether agreement discharged by death of a party |
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158 | (1) |
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Stay of legal proceedings |
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158 | (57) |
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9 Stay of legal proceedings |
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158 | (56) |
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10 Reference of interpleader issue in arbitration |
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214 | (1) |
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11 Retention of security where Admiralty proceedings stayed, etc. |
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214 | (1) |
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Commencement of arbitral proceedings |
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215 | (35) |
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12 Power of court to extend time for beginning arbitral proceedings |
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215 | (14) |
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13 Application of Limitation Acts |
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229 | (6) |
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14 Commencement of arbitral proceedings |
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235 | (15) |
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250 | (115) |
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250 | (3) |
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16 Procedure for appointment of arbitrators |
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253 | (4) |
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17 Power in case of default to appoint sole arbitrator |
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257 | (2) |
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18 Failure of appointment procedure |
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259 | (6) |
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19 Court to have regard to agreed qualifications |
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265 | (1) |
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266 | (1) |
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267 | (2) |
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22 Decision-making where no chairman or umpire |
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269 | (1) |
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23 Revocation of arbitrator's authority |
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269 | (2) |
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24 Power of court to remove arbitrator |
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271 | (37) |
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25 Resignation of arbitrator |
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308 | (1) |
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26 Death of arbitrator or person appointing him |
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309 | (1) |
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27 Filling of vacancy, etc. |
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310 | (2) |
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28 Joint and several liability of parties to arbitrators for fees and expenses |
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312 | (4) |
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29 Immunity of arbitrator |
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316 | (1) |
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Jurisdiction of the arbitral tribunal |
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317 | (1) |
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30 Competence of tribunal to rule on its own jurisdiction |
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317 | (29) |
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31 Objection to substantive jurisdiction of tribunal |
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346 | (12) |
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32 Determination of preliminary point of jurisdiction |
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358 | (7) |
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365 | (71) |
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33 General duty of the tribunal |
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365 | (11) |
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34 Procedural and evidential matters |
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376 | (13) |
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35 Consolidation of proceedings and concurrent hearings |
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389 | (6) |
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36 Legal or other representation |
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395 | (1) |
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37 Power to appoint experts, legal advisers or assessors |
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395 | (1) |
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38 General powers exercisable by the tribunal |
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396 | (12) |
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39 Power to make provisional awards |
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408 | (3) |
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40 General duty of parties |
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411 | (14) |
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41 Powers of tribunal in case of party's default |
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425 | (11) |
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Powers of court in relation to arbitral proceedings |
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436 | (72) |
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42 Enforcement of peremptory orders of tribunal |
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436 | (3) |
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43 Securing the attendance of witnesses |
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439 | (4) |
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44 Court powers exercisable in support of arbitral proceedings |
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443 | (62) |
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45 Determination of preliminary point of law |
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505 | (3) |
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508 | (93) |
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46 Rules applicable to substance of dispute |
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508 | (44) |
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47 Awards on different issues, etc. |
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552 | (4) |
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556 | (5) |
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561 | (7) |
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50 Extension of time for making award |
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568 | (2) |
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570 | (1) |
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571 | (6) |
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53 Place where award treated as made |
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577 | (1) |
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578 | (1) |
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579 | (1) |
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56 Power to withhold award in case of non-payment |
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579 | (3) |
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57 Correction of award or additional award |
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582 | (15) |
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597 | (4) |
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601 | (24) |
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59 Costs of the arbitration |
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601 | (5) |
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60 Agreement to pay costs in any event |
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606 | (1) |
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606 | (7) |
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62 Effect of agreement or award about costs |
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613 | (1) |
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63 The recoverable costs of the arbitration |
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614 | (7) |
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64 Recoverable fees and expenses of arbitrators |
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621 | (3) |
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65 Power to limit recoverable costs |
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624 | (1) |
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Powers of the court in relation to award |
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625 | (155) |
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66 Enforcement of the awards |
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625 | (49) |
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67 Challenging the award: substantive jurisdiction |
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674 | (19) |
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68 Challenging the award: serious irregularity |
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693 | (38) |
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69 Appeal on point of law |
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731 | (24) |
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70 Challenge or appeal: supplementary provisions |
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755 | (22) |
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71 Challenge or appeal: effect of order of court |
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777 | (3) |
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780 | (24) |
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72 Saving for rights of person who takes no part in proceedings |
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780 | (10) |
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73 Loss of right to object |
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790 | (13) |
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74 Immunity of arbitral institutions, etc. |
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803 | (1) |
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75 Charge to secure payment of solicitors' costs |
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804 | (1) |
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804 | (26) |
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76 Service of notices, etc. |
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804 | (8) |
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77 Powers of court in relation to service of documents |
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812 | (1) |
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78 Reckoning periods of time |
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813 | (1) |
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79 Power of court to extend time limits relating to arbitral proceedings |
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813 | (4) |
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80 Notice and other requirements in connection with legal proceedings |
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817 | (4) |
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81 Saving for certain matters governed by common law |
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821 | (4) |
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825 | (3) |
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83 Index of defined expressions: Part I |
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828 | (1) |
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84 Transitional provisions |
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829 | (1) |
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Part II Other provisions relating to arbitration |
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830 | (1) |
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Domestic arbitration agreements |
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830 | (1) |
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85 Modification of Part I in relation to domestic arbitration agreement |
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830 | (1) |
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86 Staying of legal proceedings |
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830 | (1) |
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87 Effectiveness of agreement to exclude court's jurisdiction |
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831 | (1) |
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88 Power to repeal or amend sections 85 to 87 |
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831 | (1) |
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Consumer arbitration agreements |
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831 | (2) |
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89 Application of unfair terms regulations to consumer arbitration agreements |
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831 | (1) |
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90 Regulations apply where consumer is a legal person |
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832 | (1) |
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91 Arbitration agreement unfair where modest amount sought |
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833 | (1) |
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Small claims arbitration in the county court |
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833 | (1) |
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92 Exclusion of Part I in relation to small claims arbitration in the county court |
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833 | (1) |
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Appointment of judges as arbitrators |
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834 | (1) |
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93 Appointment of judges as arbitrators |
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834 | (1) |
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835 | (2) |
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94 Application of Part I to statutory arbitrations |
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835 | (1) |
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95 General adaptation of provisions in relation to statutory arbitrations |
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835 | (1) |
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96 Specific adaptations of provisions in relation to statutory arbitrations |
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836 | (1) |
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97 Provisions excluded from applying to statutory arbitrations |
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836 | (1) |
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98 Power to make further provisions by regulations |
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836 | (1) |
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Part III Recognition and enforcement of certain foreign awards |
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837 | (1) |
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Enforcement of Geneva Convention awards |
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837 | (62) |
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99 Continuation of Part II of the Arbitration Act 1950 |
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837 | (1) |
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Recognition and enforcement of New York Convention awards |
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837 | (1) |
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100 New York Convention awards |
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837 | (3) |
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101 Recognition and enforcement of awards |
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840 | (7) |
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102 Evidence to be produced by party seeking recognition or enforcement |
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847 | (3) |
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103 Refusal of recognition or enforcement |
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850 | (48) |
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104 Saving for other bases of recognition or enforcement |
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898 | (1) |
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Part IV General provisions |
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899 | (4) |
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105 Meaning of `the court': jurisdiction of High Court and county court |
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899 | (1) |
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900 | (1) |
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107 Consequential amendments and repeals |
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901 | (1) |
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901 | (1) |
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901 | (1) |
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901 | (2) |
Schedule 1 Mandatory provisions of Part I |
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903 | (1) |
Schedule 2 Modifications of Part I in relation to judge-arbitrators |
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904 | (5) |
Appendix 1 Departmental Advisory Committee on arbitration law |
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909 | (82) |
Appendix 2 Uncitral Model Law on International Commercial Arbitration |
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991 | (14) |
Appendix 3 Civil procedure rules part 62 and practice direction to part 62 |
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1005 | (26) |
Appendix 4 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards |
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1031 | (6) |
Index |
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1037 | |