EAA 1996 English Arbitration Act 1996
EAA 1996
English Arbitration Act 1996
ZivilrechtZivilprozessrecht
Schiedsverfahrensrecht
(1) A party to arbitral proceedings may (upon notice to the other parties and to the tribunal) apply to the court—
(a) challenging any award of the arbitral tribunal as to its substantive jurisdiction; or
(b) challenging an award made by the tribunal on the merits because the tribunal did not have substantive jurisdiction.
A party may lose the right to object (see section 73) and the right to apply is subject to the restrictions in section 70(2) and (3).
(2) The arbitral tribunal may continue the arbitral proceedings and make a further award while an application to the court under this section is pending in relation to an award as to jurisdiction.
(3) On an application under this section, the court may by order—
(a) confirm the award,
(b) vary the award,
(c) remit the award to the tribunal, in whole or in part, for reconsideration,
(d) set aside the award, in whole or in part, or
(e) declare the award to be of no effect, in whole or in part.
(3A) The court must not exercise its power to set aside or to declare an award to be of no effect, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.
(3B) Rules of court about the procedure to be followed on an application under this section may, in particular, include provision within subsection (3C) in relation to a case where the application—
(a) relates to an objection as to the arbitral tribunal’s substantive jurisdiction on which the tribunal has already ruled, and
(b) is made by a party that took part in the arbitral proceedings.
(3C) Provision is within this subsection if it provides that subject to the court ruling otherwise in the interests of justice—
(a) a ground for the objection that was not raised before the arbitral tribunal must not be raised before the court unless the applicant shows that, at the time the applicant took part in the proceedings, the applicant did not know and could not with reasonable diligence have discovered the ground;
(b) evidence that was not put before the tribunal must not be considered by the court unless the applicant shows that, at the time the applicant took part in the proceedings, the applicant could not with reasonable diligence have put the evidence before the tribunal;
(c) evidence that was heard by the tribunal must not be re-heard by the court.
(3D) Subsection (3B) does not limit the generality of the power to make rules of court.
(4) The leave of the court is required for any appeal from a decision of the court under this section.
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