High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996
| Jurisdiction | UK Non-devolved |
1996 3215 No. (L. 16)
COUNTY COURTS
SUPREME COURT OF ENGLAND AND WALES
The High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996
Made 19th December 1996
Laid before Parliament 20th December 1996
Coming into force 31th January 1997
The Lord Chancellor, in exercise of the powers conferred on him by section 105 of the Arbitration Act 19961, hereby makes the following Order:—
1.—(1) This Order may be cited as the High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996 and shall come into force on 31st January 1997.
(2) In this Order,“the Act” means the Arbitration Act 1996.
2. Subject to articles 3 to 5, proceedings under the Act shall be commenced and taken in the High Court.
3. Proceedings under section 9 of the Act (stay of legal proceedings) shall be commenced in the court in which the legal proceedings are pending.
4. Proceedings under sections 66 and 101(2) (enforcement of awards) of the Act may be commenced in any county court.
5.—(1) Proceedings under the Act may be commenced and taken in the Central London County Court Business List.
(2) Where, in exercise of the powers conferred by sections 41 and 42 of the County Courts Act 19842the High Court or the judge in charge of the Central London County Court Business List orders the transfer of proceedings under the Act which were commenced in the Central London County Court Business List to the High Court, those proceedings shall be taken in the High Court.
(3) Where, in exercise of its powers under section 40(2) of the County Courts Act 19843the High Court orders the transfer of proceedings under the Act which were commenced in the High Court to the Central London County Court Business List, those proceedings shall be taken in the Central London County Court Business List.
(4) In exercising the powers referred to in paragraphs (2) and (3) regard shall be had to the following criteria—
(a)
(a) the financial substance of the dispute referred to arbitration, including the value of any claim or counterclaim;
(b)
(b) the nature of the dispute referred to arbitration (for example, whether it arises out...
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