Save your precious time by skipping the hassle of creating your own notes! These comprehensive Civil Litigation and Evidence Notes (not in a flowchart style) are in accordance with the Bar Training Syllabus . I've split the content into various parts, and at the moment, I'm working on updating the...
Civil Litigation and Evidence
Alternative Dispute Resolution: Adjudicative Options
ALTERNATIVE DISPUTE RESOLUTION: ADJUDICATIVE OPTIONS
Examinable material on arbitration will consist of fundamental concepts in arbitration;
arbitration requirements; starting the arbitration claim; arbitration claim form; stay of
legal proceedings; commencement; procedure in arbitrations; privacy and
confidentiality; arbitration awards; enforcement of awards; and appeals.
ARBITRATION
White Book Volume 2 > Section 2E – Arbitration Proceedings > Part 62 –
Arbitration Claims
Rule 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.
Rule 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].
(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.
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