07- Arbitration Act 1996 Flashcards by Jack Brainscape

s.4

Arbitration Provisions TYPES

Mandatory

Non Mandatory

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Mandatory Provisions

WHAT

MUST Have Effect

NO Court Intervention

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Non Mandatory Provisions

WHAT

MAY Have Effect

Fall-back Provisions

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Non Mandatory Provisions

WHEN Apply

Absence in Agreement

Silence in Institutional Rules

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s.5

Arbitration Agreement MUST

Written

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s.7

Agreement TYPES

Substantive Contract
Arbitration Agreement
Result = Separate Agreements

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s.9

Stay Proceedings WHEN

Proceedings ‘Would’ Breach Agreement

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Stay Proceedings

Party MUST Forms

Form N9 = Acknowledge Proceedings

Form N244 = Application to Stay; Witness Statement

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Court

MUST Grant Stay

Arbitration Agreement Valid

Matter IN Arbitration Jurisdiction

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Court

NOT Grant Stay

Arbitration Agreement Void

Party Answers Proceedings

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s.12

Arbitration Extension

Court MAY Order IF
Exhausted Arbitration Process
1. Circumstances Outside AND Unjust
2. Party Conduct Unjust

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s.14

Arbitration Commencement

Party Agreement OR
Serve Written Notice
1. Submit Matter to Arbitrator
2. Appoint Arbitrator

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s.15

Tribunal Number

Party Agreement OR
NO Agreement = One
Agree Odd = Remain
Agree Even = Add Chairman OR Umpire

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s.16

Tribunal Appointment

Party Agreement OR
One = Joint Appoint; 28 days > Service
Two = Each Appoint; 14 days > Service
Three = Each Appoint; 14 days > Service; Tribunal 3rd

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s.17
Party Failure to Appoint
Compliant Party

Written Notice = Proposal; 7 days

Result = Appoint Arbitrator

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s.17
Party Failure to Appoint
Default Party

MAY Apply Set Aside

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s.18

Procedure Failure to Appoint

Party Agreement OR
ANY Party Application = High Court
1. Direction
2. Appointment
3. Revoke Appointment

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s.24

Removal of Arbitrator

Court MAY Remove IF
Exhausted Arbitration Process
1. Grounds for Doubt
2. Failure = Conduct Arbitration; Make Award

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Removal of Arbitrator

Grounds for Doubt WHAT

Impartial = Neutral; Conflict of Interest; Bias
Qualifications
Capacity

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s.24
Removal of Arbitrator
Additional Orders

Arbitrator Heard

Arbitrator Fees = Pay OR Repay

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s.27
Arbitrator Vacancy
Party MAY Agree

Restart Proceedings
Allow Vacancy
Replace Arbitrator
Replace Nominated Appointment

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s.27
Arbitrator Vacancy
Party NOT Agree

High Court = Direction; Appointment
Proceedings = Tribunal MAY Restart
Nominated Appointment = MUST Remain

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s.28

Arbitrators Fees WHO

Liability = Parties Jointly AND Severally

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s.28

Arbitrators Fees WHAT

Study These Flashcards

Reasonable Fees

Appropriate Expenses

s.28 Arbitrators Fees Court Orders

Arbitrator Fees = Pay OR Repay

s.29 | Arbitrator Immunity

NOT Liable = Done; Omitted | Unless = Bad Faith

s.33 | Tribunal Duty = Objective

Fair AND Impartial | Unnecessary Delay OR Expense

s.34 | Tribunal Decide WHAT

Party Agreement OR Evidence Matters = Oral; Written Procedure Matters = Adversarial; Investigation

s.38 | Tribunal Powers WHAT

``` Party Agreement OR Security for Costs Property = Inspection; Custody Preserve Evidence Witness Examination Expert Appointment ```

s.41 Tribunal Powers Defaulting Party

Party Agreement OR Delay = Dismiss Claim Absence = Continue in Absence Non Compliance = Peremptory Order (Unless Order)

s.41 Tribunal Powers Default Peremptory Order

Adverse Inference Exclude Evidence Costs Order

s.44 | Court Powers WHEN

Party Agreement OR | Party Application

s.44 Court Powers Party Application Method

Part 8 Procedure | Application = N8 Form (Arbitration Claim)

s.44 | Court Powers WHAT

``` Property = Inspection; Custody Preserve Evidence Interim Injunction = Prohibitory; Mandatory Witness = Summons; Examination Receiver Appointment ```

s.45 | Determine Point of Law WHEN

Party Agreement OR | Party Application WITH Permission

s.45 | Determine Point of Law Method

Part 8 Procedure | Application = N8 Form (Arbitration Claim)

s.45 Determine Point of Law Requirements

``` Identify Area of Law Affects Party Rights Permission 1. ALL Parties 2. Tribunal = Costs Savings; NO Application Delay ```

s.46 | Arbitration Law WHAT

Party Agreement OR | Tribunal Considers

s.47 | Tribunal Awards

``` Party Agreement OR Payment Performance Contract = Rectify; Set Aside; Cancel Interim Injunction = Prohibitory; Mandatory ```

s.49 | Tribunal Interest

Party Agreement OR | Tribunal MAY Award

s.52 | Award MUST State

``` Party Agreement OR Writing Award Seat of Arbitration Reasons Signed Dated ```

s.58 | Award Final AND Binding?

Unless Party Agreement

s.61 | Costs Order

Party Agreement OR 1. General Rule = ‘Costs Follow Event’ 2. Inappropriate = Partial Success; Conduct

s.66 Award Enforcement Application

``` WHAT = Permission WHERE = High Court Result = Judgement Order AND Interest 8% ```

s.66 Award Enforcement Defence

NO Tribunal Jurisdiction

s.67 | Challenge Award

Tribunal Jurisdiction AND Court Order = Award NO Effect

s.67 | Challenge Conditions

Notice ALL Other Parties Exhausted Arbitration Process Application = 28 days > Award

s.67 | Challenge Court MAY

Confirm Award Vary Award Set Aside Award (Part OR Whole)

s.68 | Challenge Award

Serious Irregularity | WITH Substantial Injustice

s.68 | Serious Irregularity TYPES

Breach Duty = Fair AND Impartial Breach Agreement NOT Deal Issues Award = Uncertainty; Fraud

s.68 | Challenge Conditions

Exhausted Arbitration Process | Application = 28 days > Award

s.68 | Challenge Court MAY

Remit to Tribunal Set Aside Award (Part OR Whole) Declare NO Effect

s.69 | Appeal Point Law WHEN

``` Party Agreement OR Identify Area of Law Affects Party Rights Tribunal Determined Court Determine = Proper Basis = Obvious Wrong; Serious Doubt; Public Importance ```

s.69 | Appeal Point Law Conditions

Permission ALL Other Parties OR Court Exhausted Arbitration Process Application = 28 days > Award

s.69 | Appeal Point Law Court MAY

Remit to Tribunal Confirm Award Vary Award Set Aside Award (Part OR Whole)

s.70 Challenge OR Appeal Court MAY

``` Party = Give Security for Costs Tribunal = Give Award Reasons ```

s.73 Loss Right to Object WHEN

Time Limitation = Expired | Continue Arbitration NOT Object

s.73 Loss Right to Object Exception

Time Limitation NOT Expired | NO Knowledge of Grounds

07- Arbitration Act 1996 Flashcards

(58 cards)