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Appendix G CPR Part 62 – arbitration claims

London Maritime Arbitration

Page 569 Appendix G CPR Part 62 – arbitration claims Page 570 Scope of this part and interpretation 62.1 (1) This Part contains rules about arbitration claims. (2) In this Part – (a) “the 1950 Act” means the Arbitration Act 1950; 1 (b) “the 1975 Act” means the Arbitration Act 1975; 2 (c) “the 1979 Act” means the Arbitration Act 1979; 3 (d) “the 1996 Act” means the Arbitration Act 1996; 4 (e) references to – (i) the 1996 Act; or (ii) any particular section of that Act include references to that Act or to the particular section of that Act as applied with modifications by the ACAS Arbitration Scheme (England and Wales) Order 2001; 5 and (f) “arbitration claim form” means a claim form in the form set out in the practice direction. (3) Part 58 (Commercial Court) applies to arbitration claims in the Commercial Court, Part 59 (Mercantile Court) applies to arbitration claims in the Mercantile Court and Part 60 (Technology and Construction Court claims) applies to arbitration claims in the Technology and Construction Court, except where this Part provides otherwise. I Claims Under the 1996 Act Interpretation 62.2 (1) In this Section of this Part “arbitration claim” means – (a) any application to the court under the 1996 Act; (b) a claim to determine – (i) whether there is a valid arbitration agreement; (ii) whether an arbitration tribunal is properly constituted; or what matters have been submitted to arbitration in accordance with an arbitration agreement; (c) a claim to declare that an award by an arbitral tribunal is not binding on a party; and (d) any other application affecting – (i) arbitration proceedings (whether started or not); or (ii) an arbitration agreement. (2) This Section of this Part does not apply to an arbitration claim to which Sections II or III of this Part apply. Starting the claim 62.3 (1) Except where paragraph (2) applies an arbitration claim must be started by the issue of an arbitration claim form in accordance with the Part 8 procedure. (2) An application under section 9 of the 1996 Act to stay legal proceedings must be made by application notice to the court dealing with those proceedings. (3) The courts in which an arbitration claim may be started are set out in the practice direction. (4) Page 571 Rule 30.5 applies with the modification that a judge of the Technology and Construction Court may transfer the claim to any other court or specialist list. Arbitration claim form 62.4 (1) An arbitration claim form must – (a) include a concise statement of – (i) the remedy claimed; and (ii) any questions on which the claimant seeks the decision of the court; parts of the award are challenged and specifying the grounds for the challenge; (b) show that any statutory requirements have been met; (c) specify under which section of the 1996 Act the claim is made; (d) identify against which (if any) defendants a costs order is sought; and (e) specify either – (i) the persons on whom the arbitration claim form is to be served, stating their role in the arbitration and whether they are defendants; or (ii) that the claim is made without notice under section 44(3) of the 1996 Act and the grounds relied on. (2) Unless the court orders otherwise an arbitration claim form must be served on the defendant within 1 month from the date of issue and rules 7.5 and 7.6 are modified accordingly. (3) Where the claimant applies for an order under section 12 of the 1996 Act (extension of time for beginning arbitral proceedings or other dispute resolution procedures), he may include in his arbitration claim form an alternative application for a declaration that such an order is not needed. Service out of the jurisdiction 62.5 (1) The court may give permission to serve an arbitration claim form out of the jurisdiction if – (a) the claimant seeks to – (i) challenge; or (ii) appeal on a question of law arising out of, an arbitration award made within the jurisdiction; (The place where an award is treated as made is determined by section 53 of the 1996 Act.) (b) the claim is for an order under section 44 of the 1996 Act; or (c) the claimant – (i) seeks some other remedy or requires a question to be decided by the court affecting an arbitration (whether started or not), an arbitration agreement or an arbitration award; and (ii) the seat of the arbitration is or will be within the jurisdiction or the conditions in section 2(4) of the 1996 Act are satisfied. (2) An application for permission under paragraph (1) must be supported by written evidence – (a) stating the grounds on which the application is made; and (b) showing in what place or country the person to be served is, or probably may be found. (3) Rules 6.40 to 6.46 apply to the service of an arbitration claim form under paragraph (1). (4) An order giving permission to serve an arbitration claim form out of the jurisdiction must specify the period within which the defendant may file an acknowledgment of service. Notice 62.6 (1) Where an arbitration claim is made under section 24, 28 or 56 of the 1996 Act, each arbitrator must be a defendant. (2) Page 572 Where notice must be given to an arbitrator or any other person it may be given by sending him a copy of – (a) the arbitration claim form; and (b) any written evidence in support. (3) Where the 1996 Act requires an application to the court to be made on notice to any other party to the arbitration, that notice must be given by making that party a defendant. Case management 62.7 (1) Part 26 and any other rule that requires a party to file an allocation questionnaire does not apply. (2) Arbitration claims are allocated to the multi-track. (3) Part 29 does not apply. (4) The automatic directions set out in the practice direction apply unless the court orders otherwise. Stay of legal proceedings 62.8 (1) An application notice seeking a stay of legal proceedings under section 9 of the 1996 Act 6 must be served on all parties to those proceedings who have given an address for service. (2) A copy of an application notice under paragraph (1) must be served on any other party to the legal proceedings (whether or not he is within the jurisdiction) who has not given an address for service, at – (a) his last known address; or (b) a place where it is likely to come to his attention. (3) Where a question arises as to whether – (a) an arbitration agreement has been concluded; or (b) the dispute which is the subject-matter of the proceedings falls within the terms of such an agreement, the court may decide that question or give directions to enable it to be decided and may order the proceedings to be stayed pending its decision. Variation of time 62.9 (1) The court may vary the period of 28 days fixed by section 70(3) of the 1996 Act for – (a) challenging the award under section 67 or 68 of the Act; and (b) appealing against an award under section 69 of the Act. (2) An application for an order under paragraph (1) may be made without notice being served on any other party before the period of 28 days expires. (3) After the period of 28 days has expired – (a) an application for an order extending time under paragraph (1) must – (i) be made in the arbitration claim form; and (ii) state the grounds on which the application is made; (b) any defendant may file written evidence opposing the extension of time within 7 days after service of the arbitration claim form; and (c) if the court extends the period of 28 days, each defendant’s time for acknowledging service and serving evidence shall start to run as if the arbitration claim form had been served on the date when the court’s order is served on that defendant. Hearings 62.10 (1) The court may order that an arbitration claim be heard either in public or in private. Page 573 (2) Rule 39.2 does not apply. (3) Subject to any order made under paragraph (1) – (a) the determination of – (i) a preliminary point of law under section 45 of the 1996 Act; or (ii) an appeal under section 69 of the 1996 Act on a question of law arising out of an award, will be heard in public; and (b) all other arbitration claims will be heard in private. (4) Paragraph (3)(a) does not apply to – (a) the preliminary question of whether the court is satisfied of the matters set out in section 45(2)(b); or (b) an application for permission to appeal under section 69(2)(b). II Other Arbitration Claims Scope of this Section 62.11 (1) This Section of this Part contains rules about arbitration claims to which the old law applies. (2) In this Section (a) “the old law” means the enactments specified in Schedules 3 and 4 of the 1996 Act as they were in force before their amendment or repeal by that Act; and (b) “arbitration claim” means any application to the court under the old law and includes an appeal (or application for permission to appeal) to the High Court under section 1(2) of the 1979 Act. 7 (3) This Section does not apply to – (a) a claim to which Section III of this Part applies; or (b) a claim on the award. Applications to judge 62.12 A claim – (a) seeking permission to appeal under section 1(2) of the 1979 Act; (b) under section 1(5) of that Act (including any claim seeking permission); or (c) under section 5 of that Act, must be made in the High Court and will be heard by a judge of the Commercial Court unless any such judge directs otherwise. Starting the claim 62.13 (1) Except where paragraph (2) applies an arbitration claim must be started by the issue of an arbitration claim form in accordance with the Part 8 procedure. (2) Where an arbitration claim is to be made in existing proceedings – (a) it must be made by way of application notice; and (b) any reference in this Section of this Part to an arbitration claim form includes a reference to an application notice. (3) The arbitration claim form in an arbitration claim under section 1(5) of the 1979 Act (including any claim seeking permission) must be served on – (a) the arbitrator or umpire; and (b) any other party to the reference. Page 574 Claims in district registries 62.14 If – (a) a claim is to be made under section 12(4) of the 1950 Act 8 for an order for the issue of a witness summons to compel the attendance of the witness before an arbitrator or umpire; and (b) the attendance of the witness is required within the district of a District Registry, the claim may be started in that Registry. Time limits and other special provisions about arbitration claims 62.15 (1) An arbitration claim to (a) remit an award under section 22 of the 1950 Act; 9 (b) set aside an award under section 23(2) of that Act 10 or otherwise; or (c) direct an arbitrator or umpire to state the reasons for an award under section 1(5) of the 1979 Act, must be made, and the arbitration claim form served, within 21 days after the award has been made and published to the parties. (2) An arbitration claim to determine any question of law arising in the course of a reference under section 2(1) of the Arbitration Act 1979 must be made, and the arbitration claim form served, within 14 days after – (a) the arbitrator or umpire gave his consent in writing to the claim being made; or (b) the other parties so consented. (3) An appeal under section 1(2) of the 1979 Act must be filed, and the arbitration claim form served, within 21 days after the award has been made and published to the parties. (4) Where reasons material to an appeal under section 1(2) of the 1979 Act are given on a date subsequent to the publication of the award, the period of 21 days referred to in paragraph (3) will run from the date on which reasons are given. (5) In every arbitration claim to which this rule applies – (a) the arbitration claim form must state the grounds of the claim or appeal; (b) where the claim or appeal is based on written evidence, a copy of that evidence must be served with the arbitration claim form; and (c) where the claim or appeal is made with the consent of the arbitrator, the umpire or the other parties, a copy of every written consent must be served with the arbitration claim form. (6) In an appeal under section 1(2) of the 1979 Act – (a) a statement of the grounds for the appeal specifying the relevant parts of the award and reasons; and (b) where permission is required, any written evidence in support of the contention that the question of law concerns – (i) a term of a contract; or (ii) an event, which is not a “one-off” term or event, must be filed and served with the arbitration claim form. (7) Any written evidence in reply to written evidence under paragraph (6)(b) must be filed and served on the claimant not less than 2 days before the hearing. (8) Page 575 A party to a claim seeking permission to appeal under section 1(2) of the 1979 Act who wishes to contend that the award should be upheld for reasons not expressed or fully expressed in the award and reasons must file and serve on the claimant, a notice specifying the grounds of his contention not less than 2 days before the hearing. Service out of the jurisdiction 62.16 (1) Subject to paragraph (2) – (a) any arbitration claim form in an arbitration claim under the 1950 Act or the 1979 Act; or (b) any order made in such a claim, may be served out of the jurisdiction with the permission of the court if the arbitration to which the claim relates – (i) is governed by the law of England and Wales; or (ii) has been, is being, or will be, held within the jurisdiction. (2) An arbitration claim form seeking permission to enforce an award may be served out of the jurisdiction with the permission of the court whether or not the arbitration is governed by the law of England and Wales. (3) An application for permission to serve an arbitration claim form out of the jurisdiction must be supported by written evidence – (a) stating the grounds on which the application is made; and (b) showing in what place or country the person to be served is, or probably may be found.

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