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SCHEDULES

SCHEDULE 1Modifications of the Arbitration Act 1996 in relation to arbitrations under this Act

Section 22

1

Part 1 of the Arbitration Act 1996 has effect in relation to arbitrations under this Act as if the following were omitted—

(a)

in section 14 (commencement of arbitral proceedings), subsections (1) and (2);

(b)

in section 15 (arbitral tribunal), in subsection (1), the words “or umpire”;

(c)

sections 16 to 19 (appointment of arbitrators);

(d)

in section 20 (chairman), subsections (1) and (2);

(e)

section 21 (umpire);

(f)

in section 22 (decision-making where no chairman or umpire), subsection (1);

(g)

in section 23 (revocation of the arbitrator’s authority), subsections (1), (2), (3)(a), (4) and (5)(a);

(h)

in section 25 (resignation of arbitrator), subsections (1) and (2);

(i)

in section 27 (filling of vacancy), subsections (1) to (3);

(j)

in section 30 (competence of tribunal to rule on its own jurisdiction), in subsection (1), the words “Unless otherwise agreed by the parties”;

(k)

in section 37 (power to appoint experts, legal advisers or assessors), in subsection (1), the words “Unless otherwise agreed by the parties”;

(l)

in section 38 (general powers exercisable by the tribunal), subsections (1) to (4);

(m)

in section 39 (power to make provisional awards), in subsection (2)(a), the words “or the disposition of property”;

(n)

in section 48 (remedies), subsections (1), (2) and (5)(b) and (c);

(o)

in section 49 (interest), subsections (1) to (3), (5) and (6);

(p)

in section 51 (settlement)—

(i)

in subsection (1), the words “unless otherwise agreed by the parties”; and

(ii)

in subsection (2), the words “if so requested by the parties and not objected to by the tribunal”;

(q)

in section 52 (form of award), subsections (1) and (2);

(r)

in section 58 (effect of award), in subsection (1), the words “Unless otherwise agreed by the parties”;

(s)

in section 68 (challenging the award: serious irregularity), in subsection (2)(e), the words “vested by the parties”.

2

Part 1 of the Arbitration Act 1996 has effect in relation to arbitrations under this Act as if —

(a)

in section 20 (chairman), in subsection (3), at the beginning there were inserted “Where there is a chairman,”;

(b)

in section 22 (decision-making where no chairman), in subsection (2) for “If there is no such agreement” there were substituted “Where there are two or more arbitrators with no chairman”;

(c)

in section 34 (procedural and evidential matters), in subsection (1) after “matters”, there were inserted “(including in relation to oral hearings held in public)”;

(d)

in section 35 (consolidation of proceedings and concurrent hearings), in subsection (2), for the words from “Unless” to “has no” there were substituted “The tribunal also has”;

(e)

in section 37 (power to appoint experts, legal advisers or assessors), in subsection (1)(a), after “tribunal may” there were inserted “, where agreed by the parties”;

(f)

in section 68 (challenging the award: serious irregularity), in subsection (2)(c), the words “procedure agreed by the parties” were substituted by “statutory procedure”;

(g)

in section 74 (immunity of arbitral institutions)—

(i)

in subsection (1), for “appoint or nominate” there were substituted “appoint, nominate or remove”;

(ii)

in subsection (2), for “appointed or nominated”, in both places, there were substituted “appointed, nominated or removed”.

3

The modifications under paragraphs 1 and 2 are without prejudice to the operation of sections 94 to 98 of the Arbitration Act 1996 in relation to other provisions.