EAA 1996
References
in 39A EAA 1996
EAA 1996
English Arbitration Act 1996
(1) Unless the parties otherwise agree, the arbitral tribunal may, on an application made by a party to the proceedings (upon notice to the other parties), make an award on a summary basis in relation to a claim, or a particular issue arising in a claim, if the tribunal considers that—
(a) a party has no real prospect of succeeding on the claim or issue, or
(b) a party has no real prospect of succeeding in the defence of the claim or issue.
(2) For the purposes of subsection (1), an arbitral tribunal makes an award “on a summary basis” in relation to a claim or issue if the tribunal has exercised its power under section 34(1) (to decide all procedural and evidential matters) with a view to expediting the proceedings on the claim or issue.
(3) Before exercising its power under section 34(1) as mentioned in subsection (2), an arbitral tribunal must afford the parties a reasonable opportunity to make representations to the tribunal.
Source: UK
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Documents
for Schiedsverfahrensrecht
notes
for 39A EAA 1996
No notes available.