Other
BPTC/BTC Civil Litigation- ADR (White Book )
- Course
- Institution
These are notes for Civil Litigatin-ADR.
[Show more]
Seller
Follow
thmhhm
Content preview
62.2— Interpretation(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.
62.3— Starting the claim
(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 [Practice Direction 62]2 .
(4) [Rule 30.5]3 applies with the modification that a judge of the Technology and Construction Court may transfer the claim to any other court or
specialist list.
]1
62.4— Arbitration claim form
(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;
(b) give details of any arbitration award challenged by the claimant, identifying which part or parts of the award are challenged and specifying
the grounds for the challenge;
(c) show that any statutory requirements have been met;
(d) specify under which section of the 1996 Act the claim is made;
(e) identify against which (if any) defendants a costs order is sought; and
(f) 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.
62.8— Stay of legal proceedings
(1) An application notice seeking a stay of legal proceedings under section 9 of the 1996 Act 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.
,Section 2E - Arbitration Proceedings
Part 62—Arbitration Claims
I. - Claims under the 1996 Act
Related Practice Directions
Related Forms
Rule 62_2
62.2— Interpretation1
2E-8
(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.
Part 62—Arbitration Claims
I. - Claims under the 1996 Act
Related Practice Directions
Related Forms
Rule 62_3
62.3— Starting the claim1
2E-9
(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 Practice Direction 62.
(4) 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.
Editorial note
2E-10
This rule is supplemented by Practice Direction—Arbitration para.2 (see para.2E-46 below). See too
the High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996 at paras 2E-
375 et seq. For text of s.9 of the 1996 Act and commentary thereon, see para.2E-104 et seq below.
Part 62—Arbitration Claims
I. - Claims under the 1996 Act
Related Practice Directions
, Related Forms
Rule 62_4
62.4— Arbitration claim form1
2E-11
(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;
(b) give details of any arbitration award challenged by the claimant, identifying which part or
parts of the award are challenged and specifying the grounds for the challenge;
(c) show that any statutory requirements have been met;
(d) specify under which section of the 1996 Act the claim is made;
(e) identify against which (if any) defendants a costs order is sought; and
(f) 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 of claim form
2E-11.1
In M v N [2021] EWHC 360 (Comm), Foxton J gave guidance as to the circumstances in which
service by an alternative method of an arbitration claim form under CPR Pt 6.15 is likely to
be ordered where the defendant is domiciled in a Hague Service Convention country. See
further at para.6.15.3.
Related Practice Directions
Related Forms
Rule 62_5
, 62.5— Service out of the jurisdiction1
2E-12
(1) Subject to paragraph (2A), 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.
(2A) An arbitration claim form falling within (1)(a) to (c) above may be served out of the
jurisdiction without permission if—
(a) the seat of the arbitration is or will be in England and Wales; and
(b) the respondent is party to the arbitration agreement in question.
(3) Rules 6.34, 6.35 and 6.40 to 6.46 apply to the service of an arbitration claim form under
paragraph (1) or (2A).
(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.
Note
2E-12.1
Paragraphs (1), (3) were amended and para.(2A) was inserted by the Civil Procedure
(Amendment No.2) Rules 2022 (SI 2022/783) r.27, with effect from 1 October 2022.
Editorial note
2E-13
There is settled authority to the effect that r.62.5(1)(c) applies only to applications by and
against parties to an arbitration and does not allow service out of the jurisdiction on a
non-party: Vale Do Rio Doce Navegacao SA v Shanghai Bao Steel Ocean Shipping Co Ltd
[2000] 2 Lloyd’s Rep. 1 (Thomas J; attempt to serve brokers, a case under the forerunner of
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller thmhhm. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $31.60. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
50843 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now