This arbitration agreement shows the defaults that are brought in by the effect of the Arbitration Act 1996. It is interesting but unrealistic merely showing the simple minimum arbitration agreement with the defaults from the Arbitration Act 1996 brought in explicity.
ARBITRATION AGREEMENT
between
Name
Address
and
Name
Address
Preamble
A.1 Any dispute or difference arising out of or in connection with any contract between the parties above is referred to Clifford Charles Dilloway who is appointed arbitrator. This arbitration agreement is governed by English law.
A.2 This document is the entire arbitration agreement between the parties and earlier arbitration agreements between the parties no longer have any effect.
A.3 This arbitration agreement has headings and a paragraph numbering that follows the Arbitration Act 1996. The equivalently numbered Sections of the Arbitration Act 1996 are to be used to interpret this arbitration agreement. The headings and paragraph numbers do not form part of this arbitration agreement. Paragraphs lettered A form the preamble to this agreement.
B. It is agreed:
1. Covered by the preamble to this agreement.
2. Covered by the preamble to this agreement.
3. The arbitrator is authorised to designate "the seat of the arbitration".
4. (1) Covered by the preamble to this agreement.
(2) This agreement is the sole source of variation of the rules that apply to the "non-mandatory provisions".
5. Covered by the preamble to this agreement.
6. Covered by the preamble to this agreement.
7. This arbitration agreement is to be treated as a distinct agreement.
8. This arbitration agreement is not discharged by the death of a party and may be enforced by or against the personal representatives of that party.
9. The mandatory provisions of the Arbitration Act 1996 apply.
10. The mandatory provisions of the Arbitration Act 1996 apply.
11. The mandatory provisions of the Arbitration Act 1996 apply.
12. The mandatory provisions of the Arbitration Act 1996 apply.
13. The mandatory provisions of the Arbitration Act 1996 apply.
14. The arbitral proceedings are to be regarded as commenced on the date and at the time of the last signature of this arbitration agreement.
15. Covered by the preamble to this agreement.
16. Covered by the preamble to this agreement.
17. Covered by the preamble to this agreement.
18. Covered by the preamble to this agreement.
19. Mandatory on the court.
20. Covered by the preamble to this agreement.
21. Covered by the preamble to this agreement.
22. Covered by the preamble to this agreement.
23. The authority of an arbitrator may only be revoked by the parties acting jointly.
24. The mandatory provisions of the Arbitration Act 1996 apply.
25. If the arbitrator resigns his appointment he may (upon notice to the parties) apply to the court -
(a) to grant him relief from any liability thereby incurred by him, and
(b) to make such order as it thinks fit with respect to his entitlement (if any) to fees or expenses or the repayment of any fees or expenses already paid.
26. Covered by the preamble to this agreement. The mandatory provisions of the Arbitration Act 1996 apply.
27. Where the arbitrator ceases to hold office, the parties are free to agree -
(a) whether and if so how the vacancy is to be filled,
(b) whether and if so to what extent the previous proceedings should stand, and
(c) what effect (if any) his ceasing to hold office has on any appointment made by him (alone or jointly).
28. The mandatory provisions of the Arbitration Act 1996 apply.
29. The mandatory provisions of the Arbitration Act 1996 apply.
30. The arbitrator may rule on his own substantive jurisdiction, that is, as to -
(a) whether there is a valid arbitration agreement.
(b) whether the tribunal is properly constituted, and
(c) what matters have been submitted to arbitration in accordance with the arbitration agreement.
31. The mandatory provisions of the Arbitration Act 1996 apply.
32. The mandatory provisions of the Arbitration Act 1996 apply.
33. The mandatory provisions of the Arbitration Act 1996 apply.
34. - (1) It shall be for the arbitrator to decide all procedural and evidential matters.
(2) Procedural and evidential matters include -
(a) when and where any part of the proceedings is to be held;
(b) the language or languages to be used in the proceedings and whether translations of any relevant documents are to be supplied;
(c) whether any and if so what form of written statements of claim and defence are to be used, when these should be supplied and the extent to which such statements can be later amended;
(d) whether any and if so which documents or classes of documents should be disclosed between and produced by the parties and at what stage;
(e) whether any and if so what questions should be put to and answered by the respective parties and when and in what form this should be done;
(f) whether to apply strict rules of evidence (or any other rules) as to the admissibility, relevance or weight of any material (oral, written or other) sought to be tendered on any matters of fact or opinion, and the time, manner and form in which such material should be exchanged and presented;
(g) whether and to what extent the tribunal should itself take the initiative in ascertaining the facts and the law;
(h) whether and to what extent there should be oral or written evidence or submissions.
(3) The arbitrator may fix the time within which any directions given by him are to be complied with, and may if he thinks fit extend the time so fixed (whether or not it has expired).
35. The arbitrator has power to order consolidation of proceedings or concurrent hearings.
36. A party to the arbitral proceedings may be represented in the proceedings by a lawyer or other person chosen by him.
37. (a) the arbitrator may -
(i) appoint experts or legal advisors to report to him and the parties or
(ii) appoint assessors to assist him on technical matters, and may allow any such expert, legal adviser or assessor to attend the proceedings; and
(b) the parties shall be given a reasonable opportunity to comment on any information, opinion or advice offered by any such person.
38. - (3) The arbitrator may order a claimant to provide security for the costs of the arbitration.
(4) The arbitrator may give directions in relation to any property which is the subject of the proceedings or as to which any question arises in the proceedings, and which is owned by or is in the possession of a party to the proceedings -
(a) for the inspection, photographing, preservation, custody or detention of the property by the tribunal, an expert or a party, or
(b) ordering that samples be taken from, or any observation be made of or experiment conducted upon, the property.
(5) The arbitrator may direct that a party or witness shall be examined on oath or affirmation, and may for that purpose administer any necessary oath or take any necessary affirmation.
(6) The arbitrator may give directions to a party for the preservation for the purposes of the proceedings of any evidence in his custody or control.
39. The arbitrator shall have power to order on a provisional basis any relief which he would have power to grant in a final award.
40. The mandatory provisions of the Arbitration Act 1996 apply.
41. - (3) If the arbitrator is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing this claim and that the delay -
(a) gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the issues in that claim, or
(b) has caused, or is likely to cause, serious prejudice to the respondent,
the arbitrator may make an award dismissing the claim.
(4) If without showing sufficient cause a party -
(a) fails to attend or be represented at an oral hearing of which due notice was given, or
(b) where matters are to be dealt with in writing, fails after due notice to submit written evidence or make written submissions,
the arbitrator may continue the proceedings in the absence of that party or, as the case may be, without any written evidence or submissions on his behalf, and may make an award on the basis of the evidence before him.
(5) If without showing sufficient cause a party fails to comply with any order or directions of the arbitrator the arbitrator may make a peremptory order to the same effect, prescribing such time for compliance with it as the arbitrator considers appropriate.
(6) If a claimant fails to comply with a peremptory order of the arbitrator to provide security for costs, the arbitrator may make an award dismissing his claim.
(7) If a party fails to comply with any other kind of peremptory order then, without prejudice to section 42 (enforcement by court of tribunal's peremptory orders), the arbitrator may do any of the following -
(a) direct that the party in default shall not be entitled to rely upon any allegation or material which was the subject matter of the order;
(b) draw such adverse inferences from the act of non-compliance as the circumstances justify;
(c) proceed to an award on the basis of such materials as have been properly provided to him;
(d) make such order as he thinks fit as to the payment of costs of the arbitration incurred in consequence of the non-compliance.
42. The court may make an order requiring a party to comply with a peremptory order made by the arbitrator.
43. With the permission of the arbitrator a party may use the same court procedures as are available in relation to legal proceedings to secure the attendance before the arbitrator of a witness in order to give oral testimony or to produce documents or other material evidence.
44. - (1) The court has for the purposes of and in relation to the arbitral proceedings the same power of making orders about the matters listed below as it has for the purposes of and in relation to legal proceedings.
(2) Those matters are -
(a) the taking of the evidence of witnesses;
(b) the preservation of evidence;
(c) making orders relating to property which is the subject of the proceedings or as to which any question arises in the proceedings -
(i) for the inspection, photographing, preservation, custody or detention of the property, or
(ii) ordering that samples be taken from, or any observation be made of or experiment conducted upon, the property;
and for that purpose authorising any person to enter any premises in the possession or control of a party to the arbitration;
(d) the sale of any goods the subject of the proceedings;
(e) the granting of an interim injunction or the appointment of a receiver.
(3) If the case is one of urgency, the court may, on the application of a party to the arbitral proceedings, make such orders as it thinks necessary for the purpose of preserving evidence or assets.
(4) If the case is not one of urgency, the court shall act only on the application of a party to the arbitral proceedings (upon notice to the other parties and to the arbitrator) made with the permission of the arbitrator or the agreement in writing of the other parties.
(5) In any case the court shall act only if or to the extent that the arbitrator has no power or is unable for the time being to act effectively.
(6) If the court so orders, an order made by it under this section shall cease to have effect in whole or in part on the order of the arbitrator.
45. It is agreed to dispense with reasons for the arbitrator's award.
46. The arbitrator shall decide the dispute in accordance with such considerations as are determined by him.
47. The arbitrator may make more than one award at different times on different aspects of the matters to be determined.
48. - (3) The arbitrator may make a declaration as to any matter to be determined in the proceedings.
(4) The arbitrator may order the payment of a sum of money, in any currency.
(5) The arbitrator has the same powers as the court -
(a) to order a party to do or refrain from doing anything;
(b) to order specific performance of a contract (other than a contract relating to land);
(c) to order the rectification, setting aside or cancellation of a deed or other document.
49. - (3) The arbitrator may award simple or compound interest from such dates, at such rates and with such rests as he considers meets the justice of the case -
(a) on the whole or part of any amount awarded by him in respect of any period up to the date of the award;
(b) on the whole or part of any amount claimed in the arbitration and outstanding at the commencement of the arbitral proceedings but paid before the award was made, in respect of any period up to the date of payment.
(4) The arbitrator may award simple or compound interest from the date of the award (or any date) until payment, at such rates and with such rests as he considers meets the justice of the case, on the outstanding amount of any award (including any award of interest under (3) above and any award as to costs.
(5) References in this paragraph to an amount awarded by the arbitrator include an amount payable in consequence of a declaratory award by the arbitrator.
50. The court may not extend the time for making an award.
51. If during arbitral proceedings the parties settle the dispute, the arbitrator may record the settlement in the form of an agreed award.
52. - (3) The award shall be in writing signed by the arbitrator.
(5) The award shall state the seat of the arbitration and the date when the award is made.
53. Where the seat of the arbitration is in England and Wales or Northern Ireland, any award in the proceedings shall be treated as made there, regardless of where it was signed, despatched or delivered to any of the parties.
54. The arbitrator may decide what is to be taken to be the date on which the award was made.
55. The award shall be notified to the parties by service on them of copies of the award.
56. The mandatory provisions of the Arbitration Act 1996 apply.
57. The arbitrator may on his own initiative or on the application of a party -
(a) correct an award so as to remove any clerical mistake or error arising from an accidental slip or omission or clarify or remove any ambiguity in the award, or
(b) make an additional award in respect of any claim (including a claim for interest or costs) which was presented to the arbitrator but was not dealt with in the award.
58. An award made by the arbitrator pursuant to the arbitration agreement is final and binding both on the parties and on any persons claiming through or under them.
59. - (1) References to the costs of the arbitration are to -
(a) the arbitrator's fees and expenses,
(c) the legal or other costs of the parties.
(2) Any such reference includes the costs of or incidental to any proceedings to determine the amount of the recoverable costs of the arbitration.
60. The mandatory provisions of the Arbitration Act 1996 apply.
61. - (1) The arbitrator may make an award allocating the costs of the arbitration as between the parties.
(2) The arbitrator shall award costs on the general principle that costs should follow the event except where it appears to the arbitrator that in the circumstances this is not appropriate in relation to the whole or part of the costs.
62. Covered by the preamble to this agreement.
63. - (3)The arbitrator may determine by award the recoverable costs of the arbitration on such basis as he thinks fit.
64. The recoverable costs of the arbitration shall include in respect of the fees and expenses of the arbitrator only such reasonable fees and expenses as are appropriate in the circumstances.
65. - (1) The arbitrator may direct that the recoverable costs of the arbitration, or of any part of the arbitral proceedings, shall be limited to a specified amount.
(2) Any direction may be made or varied at any stage, but this must be done sufficiently in advance of the incurring of costs to which it relates, or the taking of any steps in the proceedings which may be affected by it, for the limit to be taken into account.
66. The mandatory provisions of the Arbitration Act 1996 apply.
67. The mandatory provisions of the Arbitration Act 1996 apply.
68. The mandatory provisions of the Arbitration Act 1996 apply.
69. It is agreed to dispense with reasons for the arbitrator's award.
70. The mandatory provisions of the Arbitration Act 1996 apply.
71. The mandatory provisions of the Arbitration Act 1996 apply.
72. The mandatory provisions of the Arbitration Act 1996 apply.
73. The mandatory provisions of the Arbitration Act 1996 apply with a time allowed for objections and questions of seven days.
74. The mandatory provisions of the Arbitration Act 1996 apply.
75. The mandatory provisions of the Arbitration Act 1996 apply.
76. A notice or other document may be served on a person by any effective means.
77. The court may not make any order -
(a) for the service of a document, or
(b) dispensing with the service of the document.
78. - (2) Periods of time shall be reckoned in accordance with the following.
(3) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(4) Where the act is required to be done a specified number of clear days after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
(5) Where the period is a period of seven days or less which would include a Saturday, Sunday or a public holiday in the place where anything which has to be done within the period falls to be done, that day shall be excluded.
79. The court may not by order extend any time limit agreed in relation to any matter relating to the arbitral proceedings.
80. The mandatory provisions of the Arbitration Act 1996 apply.
Dated day of 1998
Signed by:
On behalf of:
Signed by:
On behalf of:
Signed by Clifford Charles Dilloway
as Arbitrator.
Notes not being part of the arbitration agreement.
Prepare and sign this arbitration agreement in triplicate. The Arbitrator signs last and forwards a copy to the other parties.
The arbitration agreement should be dated by the last person signing with the date on which he signs.