I.

Scope of application of provision

( 1 ) the application of arbitration act 1996 only applies in england and wales.

( 2 ) The provisions if the seat / no seat of the arbitratioin is outside England and wales or northern
Ireland. ( it doesn’t mean )

a. No matter what kind of agreement to be referred at arbitratrion as a long as it stil under

control arbitration agreement It is possible to bring up into court and an application can be
created only after dispute resolution has done

b. its not allowed to leave award before every parties show that the tribunal lacked
substantive jurisdicition to make a award

( 3 ) a. every parties can secure the witnesses to attend to give oral or testimony produce
documents or other material evidence
b. unless if every parties agree to involving the court to arbitral proceedinigs to making orders
about the matters in act of 2, 3, 4 ,5 6. 7.

( 4 ) the court can use its power, which is not regulated by ant provision if :
a. no seat of the arbitration has been designated or determined
b. with the reason of the court affiliated with England or northern Ireland the court is
appropriate

(5) The rules of section 7 and section 8 apply where the law use in England, wales, or northern
Ireland include in outside England, wales, northern Ireland has not been designated.

II. The seat of the arbitration

In this part the seat its mean the juridical seat of arbitration designated if
( a ) by the parties with arbitratioin agreement from each other
( b ) by any arbitral or other institution or person givern the right by the parties with powers in that
consider
( c ) by the arbitral tribunal if so authorized by the parties or determinied,which is not appointment,
all relevant circumtances

III. Mandatory and non mandatory provision

( 1 ) the mandatory provisions of this part are listed in schedule 1 and have effect althought any
agreement opposite
( 2 ) the other provision which is not mandatory allowed to all of parties to create their own
agreement if non mandatory agreement absence in previous agreement.
( 3 ) the parties may make such agreement by agreeing to the application institutional rules or
providing any other means must be decided by all of parties
( 4 ) it is unimportant wheter or not the law applicable to the parties agreement is the law of
England or wales
 ( 5 ) the other of law in outside England, wales, or nother iireland as a applicable law it still
equivalent to an agreement to making a provisions about that matter.

For this purpose an applicable law determined in accordance with the parties agreement, no matter
its exprees or implied choice, shall be treated as chosen by the parties

IV. Agreements to be in writiniig

( 1 ) the term of writing agreement has been allowed as long as the all of parties agree to use that.
the expressions “ agreement, “ Agree “ and “ agreed “ shall be construed.

( 2 ) There is an agreement in writing if accordance wiith (a), (b), (c).

( 3 ) Where parties agree to resolve that otherwise than reference by the terms are in writing, all of
parties must make an agreement in writing before.

( 4 ) An agreement is evidenced if an agreement otherwise than in writing is agreed by all of the

parties, with the authority agreement of the parties.

( 5 ) An exchange of written submissions in arbitral or legal proccedings in which the agreement

otherwise than in writing is alleged by one party but another party has not denied, the parties
which create agreement otherwise writing to thee effect alleged ( it doesn’t mean )

( 6 ) Reference in this part being written or already written had been recorded by all of parties

The Arbitration Agreement

V. The Definiition of Arbitration Agreement

( 1 ) “ Arbitration agreement “ means an agreement to submit to arbitration present or future

disputes ( wheter they are contractual or not )

( 2 ) The reference in an agreement to a written form of arbitration clause.

VI. Sepabiribily of arbitration agreement

unless otherwise agreed by the parties, an arbitration agreement which forms or was intended shall
not be regarded as invalid, not existent or innefectiive.

VII. Wheter agreement discharged by the death of a party

(1.) Unless otherwise agree by the parties, an arbitration agreement not allowed discharge by the
death of party

(2.) Subsection (1) doesnt effect of any enactment of rule by any virtue which is correctly
 STAY OF LEGAL PROCEEDINGS

VIII. Stay of legal proccedings

( 1.) A party to an arbitrator agreement against whom legal proceedings are brought ( whether by
way of claim or counterclaim ) which still under the control the agreement is to be referred to
arbitration way. ( it doesn’t mean )

( 2.) An application may be made althought that the matter is to refered to arbitration only after
the of other dispute resolution has done.

( 3.) An application do not permission before taking the appropriate procedural step ( if any ) to
recognize the legal proccedings against opposite or after he has taken any step in those
proccedings to answer the substantive claim.

( 4. ) On an application which is refered to grant a stay unless that the arbitration agreement is null,
void, inoperative

( 5.) If the court refuses to stay the legal proccedings, any provision that an award is a condition to
the bringin of legal proccedings has no effect in relation to proceedings.

IX. Reference of interpleader issue to arbitration

(1.) Where in legal proccedings relief by way of each other is granted, the court shall direct that
the issue be determined in accordance with the agreement unless the circumstances are such
that proceedings brought by claimant would not be stayed. ( it doesn’t mean )

(2.) Subsection ( 1 ) applies but the court does not direct that the issue be determined in
accordance with the arbitration agreement, any provision that an award is not affect into
determination of that issue by the court. ( it doesn’t mean )

X. Retention of security where admiralty proceedings stayed.

( 1.) Where admiralty proceedings are stayed on the ground that the dispute should be directed
into arbitration, the court granting the stay may, if the proceedings has been bail or arrested :

a. order that the property arrested to be retained by security of any award given in the arbitration
in respect of that dispute. ( it doesn’t mean )

b. order that the proceedings to be conditionals on the provisions of equivalent security of any
such award. ( it doesn’t mean )

2. Subject to any provision made by rules of the court and to any necessary modification, the
same law and practice still apply in relation to retained in pursuance of an order to purpose for
proccedings in the court.
 COMMENCEMENT OF ARBITRAL PROCCEDINGS

XI. The power of court to extend time for beginning arbitral proccedings

( 1. ) Where an arbitration agreement refer to future disputes to arbitration that a claim shall be
bared. Unless claimant agree to change an agreement, to fixed an agreement need some step :

a. to begin arbitral proccedings.

b. to begin other dispute resolution procedures which must be exhausted before
the court

The court may by order extend the time for taking that step.:

( 2.) Any party agreemen may create a such an order ( it doesn mean ), but only after claim has
arisen and get permission for obtainining a extension of a time ( it doesn’t mean )

( 3.) The court shall make an order only if satisfied ( it doesn’t mean )
a. the circumtances that are not reasonable contemplation of the parties
b. That the one party it unfair to the other party to the strict term of the provision.

( 4.) The court can extend the time for such period on such term as it proper and may do so
whether or not the time previously fixed ( by agreement or by a previous order ) has expired

( 5.) An order from the court doesn’t affect the operation of the limitation of acts ( section 13 )

( 6. ) The leave of the court is required as long as get decision from the court

XIII. Aplication of limitation acts.

1. The limitation act apply to arbitral proceedings as long as they apply to legal proceedings.

2. The court whom give a order and prescribed by the limitation of acts for beginning of the
proceediings ( including arbitral proceedings ) if the subject matter.

a. of an award which the court determined set aside or declare to be of no effect

b. the affected of an award which the court orders to be set aside in part

3. In determining for the purposes of the limitation acts when a cause of accured, any provision that
an award to bringing of legal proccedings which an arbitration agreement as appies shall be
disgregarded ( it doesn’t mean )

THE ARBITRAL TRIBUNAL

XV. The Arbitral Tribunal

( 1 ) The parties are free to choice the number of arbitrators with their form previous, whether
 there is to be a chairman or umpire

( 2 ) Unless otherwise agreed by the parties, an agreement that the number of arbiitrators shall be
two or more as requiring to be additional arbitrator as a chairman of the tribunal

( 3 ) If there is no agreement as to number of arbitrators, the tribunal shall consist of a sole

arbitrator

XVI. Procedure for appointment of arbitrators

(1) The parties are free to agree on the procedure for appointing the arbitrator or arbitrators,
including the procedure for appoint any chairman or umpire. ( it doesn’t mean )

(2) If or to the extent that there is no such agreement, the previous provision applies.

(3) If the tribunal is to consist of sole arbitrator, each parties shall jointly to appoint an arbitrator
not more thant 28 days after service of request by either of party

(4) If the tribunal is to consist of two arbitrators, each party shall jointly to appoint an arbitrator not

more than 14 days after service by either of party

(5) If the tribunal is to consist of three arbitrators

a. each party shall appoint one arbitrator not later than 14 days after a request in writing by neither

each parties.

b. the two arbitrator so appointed by each parties shall jointly to choice a third arbitrator as the
chairman of the tribunal

(6) If the tribunal is to consist of two arbitrators and an unmpire

a. each party shall appoint one arbitrator not later than 14 days after service of a request in writing
by either each party

b. the two arbitrator so appointed by each parties may appoint an umpire at any time after
themselves are appointed and shall do so before any substantive hearing.

(7) in any other case ( in particular, if there are 3 or more than two ) section 18 applies iin case of
failure agreed appointment procedure.

XVII. Power in of default to appoint sole arbitrator

(1) unless the parties otherwise agree, where each of two parties to an arbitration agreement is to
agreement agree by one party and refused by second party, the other party having duly
(2) If the party in default does not within 7 clear days of that notice being given :
a. make the required appointment
b. notify the other party that has done

(3) where the sole arbitrator has been selected according to the section 2, the party in default,
apply to the court which may set aside a previous appointment

XVIII. Failure of appointment procedure.

( 1 ) each of parties are free to agree an appointment of arbitral tribunal if in term of condition has
failure. There is no failure if an appointment is duly accordance section 17 ( power in case of
default to appoint sole arbitrator )

(2) If need to extend for an agreement its need permission from the other partiies, and apply to the
court to exercise its power under this section.

(3) those powers are :

a. to give a directions to making requirement appointment

b. to direct that a tribunal shall be constituted by such appointment ( from all of parties ) as have
been made

( 4 ) An appointment has effect if made by all of parties

( 5 ) The leave of the court is required for any appeal from a decision of under the court.

19. Court to have regard to agreed qualifications.

In deciding whether exercise and decide any agreement must to considering from section 16
( procedure for appointment of arbitrators ) or section 18 ( failure of appointment procedure ).