Arbitration Act 1975
| Jurisdiction | UK Non-devolved |
| Citation | 1975 c. 3 |
| Year | 1975 |
(1) If any party to an arbitration agreement to which this section applies, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the agreement, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to the proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to the court to stay the proceedings; and the court, unless satisfied that the arbitration agreement is null and void, inoperative or incapable of being performed or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.(2) This section applies to any arbitration agreement which is not a domestic arbitration agreement; and neither section 4(1) of the (3) In the application of this section to Scotland, for the references to staying proceedings there shall be substituted references to sisting proceedings.an individual who is a national of, or habitually resident in, any State other than the United Kingdom; nora body corporate which is incorporated in, or whose central management and control is exercised in, any State other than the United Kingdom;Sections 3 to 6 of this Act shall have effect with respect to the enforcement of Convention awards; and where a Convention award would, but for this section, be also a foreign award within the meaning of Part II of the
in England and Wales, either by action or in the same manner as the award of an arbitrator is enforceable by virtue of section 26 of the in Scotland, either by action or, in a case where the arbitration agreement contains consent to the registration of the award in the Books of Council and Session for execution and the award is so registered, by summary diligence;in Northern Ireland, either by action or in the same manner as the award of an arbitrator is enforceable by virtue of section 16 of the (2) Any Convention award which would be enforceable under this Act shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in the United Kingdom; and any reference in this Act to enforcing a Convention award shall be construed as including references to relying on such an award.(a) the duly authenticated original award or a duly certified copy of it; and(b) the original arbitration agreement or a duly certified copy of it; and(c) where the award or agreement is in a foreign language, a translation of it certified by an official or sworn translator or by a diplomatic or consular agent.(1)
To continue reading
Request your trial