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Appendix I The Admiralty & Commercial Courts Guide

London Maritime Arbitration

Page 585

Appendix I

The Admiralty & Commercial Courts Guide

The Admiralty & Commercial Courts Guide

Page 586

O. Arbitration

O.1 Arbitration claims

  • O1.1
    • (a) Applications to the court under the Arbitration Acts 1950 – 1996 and other applications relating to arbitrations are known as “arbitration claims”.
    • (b) The procedure applicable to arbitration claims is to be found in Part 62 and its associated practice direction. Separate provision is made
      • (i) by Section I for claims relating to arbitrations to which the Arbitration Act 1996 applies;
      • (ii) by Section II for claims relating to arbitrations to which the Arbitration Acts 1950 – 1979 (“the old law”) apply; and
      • (ii) by Section III for enforcement proceedings.
    • (c) For a full definition of the expression “arbitration claim” see rule 62.2(1) (claims under the 1996 Act) and rule 62.11(2) (claims under the old law).
    • (d) Part 58 applies to arbitration claims in the Commercial Court insofar as no specific provision is made by Part 62: rule 62.1(3).

Claims under the Arbitration Act 1996

O.2 Starting an arbitration claim

O.3 The arbitration claim form

  • O3.1 The arbitration claim form must contain, among other things, a concise statement of the remedy claimed and, if an award is challenged, the grounds for that challenge: rule 62.4(1).
  • O3.2 Reference in the arbitration claim form to a witness statement or affidavit filed in support of the claim is not sufficient to comply with the requirements of rule 62.4(1).

Page 587

O.4 Service of the arbitration claim form

  • O4.1 An arbitration claim form issued in the Admiralty & Commercial Registry must be served by the claimant.
  • O4.2
    • (a) The rules governing service of the claim form are set out in Part 6 of the Civil Procedure Rules.
    • (b) Unless the court orders otherwise an arbitration claim form must be served on the defendant within 1 month from the date of issue: rule 62.4(2).
  • O4.3
    • (a) An arbitration claim form may be served out of the jurisdiction with the permission of the court: rule 62.5(1).
    • (b) Rules 6.40– 6.46 apply to the service of an arbitration claim form out of the jurisdiction: rule 62.5(3).
  • O4.4 The court may exercise its powers under rules 6.15 and/or 6.37(5)(b) to permit service of an arbitration claim form on a party at the address of the solicitor or other representative acting for him in the arbitration: PD62 § 3.1.
  • O4.5 The claimant must file a certificate of service within 7 days of serving the arbitration claim form: PD62 § 3.2.

O.5 Acknowledgment of service

  • O5.1
    • (a) A defendant must file an acknowledgment of service of the arbitration claim form in every case: rule 58.6(1).
    • (b) An adapted version of practice form N210 (acknowledgment of service of a Part 8 claim form) has been approved for use in the Commercial Court.
  • O5.2 The time for filing an acknowledgment of service is calculated from the service of the arbitration claim form.

O.6 Standard directions

O.7 Interim remedies

  • O7.1 An application for an interim remedy under section 44 of the Arbitration Act 1996 must be made in an arbitration claim form: PD62 § 8.1.

O.8 Challenging the award

Challenge by way of appeal

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