Search Legislation

Arbitration Act 1996

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Statutory arbitrations

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Arbitration Act 1996, Cross Heading: Statutory arbitrations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Statutory arbitrationsE+W+N.I.

94 Application of Part I to statutory arbitrations.E+W+N.I.

(1)The provisions of Part I apply to every arbitration under an enactment (a “statutory arbitration”), whether the enactment was passed or made before or after the commencement of this Act, subject to the adaptations and exclusions specified in sections 95 to 98.

(2)The provisions of Part I do not apply to a statutory arbitration if or to the extent that their application—

(a)is inconsistent with the provisions of the enactment concerned, with any rules or procedure authorised or recognised by it, or

(b)is excluded by any other enactment.

(3)In this section and the following provisions of this Part “enactment”—

(a)in England and Wales, includes an enactment contained in subordinate legislation within the meaning of the M1Interpretation Act 1978;

(b)in Northern Ireland, means a statutory provision within the meaning of section 1(f) of the M2Interpretation Act (Northern Ireland) 1954.

Modifications etc. (not altering text)

Marginal Citations

95 General adaptation of provisions in relation to statutory arbitrations.E+W+N.I.

(1)The provisions of Part I apply to a statutory arbitration—

(a)as if the arbitration were pursuant to an arbitration agreement and as if the enactment were that agreement, and

(b)as if the persons by and against whom a claim subject to arbitration in pursuance of the enactment may be or has been made were parties to that agreement.

(2)Every statutory arbitration shall be taken to have its seat in England and Wales or, as the case may be, in Northern Ireland.

96 Specific adaptations of provisions in relation to statutory arbitrations.E+W+N.I.

(1)The following provisions of Part I apply to a statutory arbitration with the following adaptations.

(2)In section 30(1) (competence of tribunal to rule on its own jurisdiction), the reference in paragraph (a) to whether there is a valid arbitration agreement shall be construed as a reference to whether the enactment applies to the dispute or difference in question.

(3)Section 35 (consolidation of proceedings and concurrent hearings) applies only so as to authorise the consolidation of proceedings, or concurrent hearings in proceedings, under the same enactment.

(4)Section 46 (rules applicable to substance of dispute) applies with the omission of subsection (1)(b) (determination in accordance with considerations agreed by parties).

97 Provisions excluded from applying to statutory arbitrations.E+W+N.I.

The following provisions of Part I do not apply in relation to a statutory arbitration—

(a)section 8 (whether agreement discharged by death of a party);

(b)section 12 (power of court to extend agreed time limits);

(c)sections 9(5), 10(2) and 71(4) (restrictions on effect of provision that award condition precedent to right to bring legal proceedings).

98 Power to make further provision by regulations.E+W+N.I.

(1)The Secretary of State may make provision by regulations for adapting or excluding any provision of Part I in relation to statutory arbitrations in general or statutory arbitrations of any particular description.

(2)The power is exercisable whether the enactment concerned is passed or made before or after the commencement of this Act.

(3)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources