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Arbitration Act 1996
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Arbitration Act 1996
The Arbitration Act 1996 (c. 23) is an act of the Parliament of the United Kingdom which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland.
The 1996 act only applies to parts of the United Kingdom. In Scotland, the Arbitration (Scotland) Act 2010 (asp 1) provides a statutory framework for domestic and international arbitration.
England and Wales is one of the very few developed jurisdictions in the world which has consciously elected not to follow the UNCITRAL Model Law on International Commercial Arbitration. This is a position which has been subject to criticism.
The Act mandates that the general duty of the arbitral tribunal is to:
The various subsequent provisions relating to the conduct of arbitrations are largely pinned upon this overriding duty. The legislation specifies that "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."
Subject to that overriding duty, the tribunal has broad discretion in relation to matters of procedure and evidence. The legislation provides that "It shall be for the tribunal to decide all procedural and evidential matters, subject to the right of the parties to agree any matter."
Procedural and evidential matters include:
The Act also imposes a duty on the parties to "do all things necessary for the proper and expeditious conduct of the arbitral proceedings."
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Arbitration Act 1996
The Arbitration Act 1996 (c. 23) is an act of the Parliament of the United Kingdom which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland.
The 1996 act only applies to parts of the United Kingdom. In Scotland, the Arbitration (Scotland) Act 2010 (asp 1) provides a statutory framework for domestic and international arbitration.
England and Wales is one of the very few developed jurisdictions in the world which has consciously elected not to follow the UNCITRAL Model Law on International Commercial Arbitration. This is a position which has been subject to criticism.
The Act mandates that the general duty of the arbitral tribunal is to:
The various subsequent provisions relating to the conduct of arbitrations are largely pinned upon this overriding duty. The legislation specifies that "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."
Subject to that overriding duty, the tribunal has broad discretion in relation to matters of procedure and evidence. The legislation provides that "It shall be for the tribunal to decide all procedural and evidential matters, subject to the right of the parties to agree any matter."
Procedural and evidential matters include:
The Act also imposes a duty on the parties to "do all things necessary for the proper and expeditious conduct of the arbitral proceedings."