i-law

A Practical Guide to International Arbitration in London

APPENDIX C.2

PRACTICE DIRECTION—ARBITRATION

Section I

  • 1.1 This Section of this Practice Direction applies to arbitration claims to which Section I of Part 62 applies.
  • 1.2 In this Section “the 1996 Act” means the Arbitration Act 1996.
  • 1.3 Where a rule provides for a document to be sent, it may be sent—
    • (1) by first class post;
    • (2) through a document exchange; or
    • (3) by fax, electronic mail or other means of electronic communication.

62.3—Starting the claim

  • 2.1 An arbitration claim under the 1996 Act (other than under section 9) must be started in accordance with the High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996 by the issue of an arbitration claim form.
  • 2.2 An arbitration claim form must be substantially in the form set out in Appendix A to this practice direction.
  • 2.3 Subject to paragraph 2.1, an arbitration claim form—
    • (1) may be issued at the courts set out in column 1 of the table below and will be entered in the list set out against that court in column 2;
    • (2) relating to a landlord and tenant or partnership dispute must be issued in the Chancery Division of the High Court.
Court List
Admiralty and Commercial Registry at the Royal Courts of Justice, London Commercial list
Technology and Construction Court Registry, St. Dunstan’s House, London TCC list
District Registry of the High Court (where mercantile court established) Mercantile list
District Registry of the High Court (where arbitration claim form marked “Technology and Construction Court” in top right hand corner) TCC list
  • 2.3 A An arbitration claim form must, in the case of an appeal, or application for permission to appeal, from a judge-arbitrator, be issued in the Civil Division of the Court of Appeal. The judge hearing the application may adjourn the matter for oral argument before two judges of that court.

62.4—Arbitration claim form

Service

  • 3.1 The court may exercise its powers under rule 6.8 to permit service of an arbitration claim form at the address of a party’s solicitor or representative acting for him in the arbitration.
  • 3.2 Where the arbitration claim form is served by the claimant he must file a certificate of service within 7 days of service of the arbitration claim form.

(Rule 6.10 specifies what a certificate of service must show).

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