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Schedule 2 Modifications of Part I in Relation to Judge-Arbitrators

Arbitration Act 1996, Merkin and Flannery on the

Page 904 Schedule 2 Modifications of Part I in Relation to Judge-Arbitrators Introductory 1 . – In this Schedule “judge-arbitrator” means an eligible High Court judge or official referee appointed as arbitrator or umpire under section 93. 1 General 2 . – (1) Subject to the following provisions of this Schedule, references in Part I to the court shall be construed in relation to a judge-arbitrator, or in relation to the appointment of a judge-arbitrator, as references to the Court of Appeal. (2) The references in sections 32(6), 45(6) and 69(8) to the Court of Appeal shall in such a case be construed as references to the Supreme Court. Arbitrator’s fees 3 . – (1) The power of the court in section 28(2) to order consideration and adjustment of the liability of a party for the fees of an arbitrator may be exercised by a judge-arbitrator. (2) Any such exercise of the power is subject to the powers of the Court of Appeal under sections 24(4) and 25(3)(b) (directions as to entitlement to fees or expenses in case of removal or resignation). Exercise of court powers in support of arbitration 4 . – (1) Where the arbitral tribunal consists of or includes a judge-arbitrator the powers of the court under sections 42 to 44 (enforcement of peremptory orders, summoning witnesses, and other court powers) are exercisable by the High Court and also by the judge-arbitrator himself. (2) Anything done by a judge-arbitrator in the exercise of those powers shall be regarded as done by him in his capacity as judge of the High Court and have effect as if done by that court.

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