Rules of the Supreme Court (Amendment) 1996
| Jurisdiction | UK Non-devolved |
1996 No. 3219 (L.18)
SUPREME COURT OF ENGLAND AND WALES
The Rules of the Supreme Court (Amendment) 1996
Made 19th December 1996
Laid before Parliament 20th December 1996
Coming into force 31th January 1997
We, the Supreme Court Rule Committee, having power under section 85 of the Supreme Court Act 19811to make rules of court under section 60 of that Act and under section 84 of that Act for the purpose of regulating and prescribing the practice and procedure to be followed in the High Court and the civil division of the Court of Appeal, hereby exercise those powers as follows—
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Rules of the Supreme Court (Amendment) 1996 and shall come into force on 31st January 1997.
(2) In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 19652and a reference to Appendix A is a reference to Appendix A to those Rules.
Arbitration Act 1996
2. The Arrangement of Orders at the beginning of the Rules of the Supreme Court 1965 shall be amended, by substituting for the title to Order 73, the following “Applications relating to Arbitration”.
3. Order 11, rule 9(1) and (4)3shall be amended by omitting the words “Subject to Order 73, rule 7,”.
4. Order 59, rule 1A(7)(a)4shall be amended by inserting, after “1979”, the words “or under section 69(7) of the Arbitration Act 19965” and rule 1A(7)(b)(iii) shall be amended by inserting, after “section 1(2)”, the words “or of section 69(7) of the said Act of 1996”.
5. For Order 73 there shall be substituted the following—
“ORDER 73
APPLICATIONS RELATING TO ARBITRATION
Introduction
This Order is divided into three Parts. Part I is concerned with applications to the Court relating to arbitration to which Part I of the Arbitration Act 1996 applies. Part II restates with some necessary adjustments provisions of the existing Order which are to be preserved. Part III is concerned with applications for enforcement under the earlier Arbitration Acts and under the 1996 Act.
The application of the Order to particular proceedings may be determined by reference to the following table. Column 1 shows the date on which arbitral proceedings (if any) were commenced. Column 2 shows the date of the application to the Court. Column 3 shows the appropriate Part of the Order for the application.
Column 1 |
Column 2 |
Column 3 |
Date of arbitral proceedings |
Date of application to the Court |
Appropriate Part of Order 73 |
not commenced |
before 31st January 1997 |
Part II |
before 31st January 1997 |
before 31st January 1997 |
Part II |
not commenced |
on or after 31st January 1997 |
Part II |
before 31st January 1997 |
on or after 31st January 1997 |
Part II |
on or after 31st January 1997 |
on or after 31st January 1997 |
Part I |
on or after 31st January 1997 |
before 31st January 1997 |
Part II |
The other provisions of these rules apply to applications relating to arbitration subject to the provisions of this Order and only to the extent that they do not conflict with it.
See, for example, the following provisions of these rules for the following matters—
Order 10—service of originating process
Order 12—acknowledgement of service
Order 29—injunctions
Order 32—proceedings in chambers
Order 41—affidavits
Order 65—service of documents.
PART I
The overriding objective
1. This Part of this Order is founded on the general principles in section 1 of the Arbitration Act and shall be construed accordingly.
Meaning of arbitration application
2.—(1) Subject to paragraph (2), “arbitration application” means the following—
(a)
(a) an application to the Court under the Arbitration Act;
(b)
(b) proceedings to determine—
(i) whether there is a valid arbitration agreement;
(ii) whether an arbitration tribunal is properly constituted;
(iii) what matters have been submitted to arbitration in accordance with an arbitration agreement;
(c)
(c) proceedings to declare that an award made by an arbitral tribunal is not binding on a party;
(d)
(d) any other application affecting arbitration proceedings (whether instituted or anticipated) or to construe or affecting an arbitration agreement,
and includes the originating process by which an arbitration application is begun.
(2) In this Part of this Order, an arbitration application does not include proceedings to enforce an award—
(a)
(a) to which Part III of this Order applies; or
(b)
(b) by an action on the award.
Interpretation
3. In this Part—
“applicant” means the party making an arbitration application and references to respondent shall be construed accordingly;
“the Arbitration Act” means the Arbitration Act 1996 and any expressions used in this Order and in Part I of the Arbitration Act have the same meanings in this Order as they have in that Part of the Arbitration Act.
Form and content of arbitration application
4.—(1) An arbitration application must be in Form No. 8A in Appendix A.
(2) Every arbitration application must—
(a)
(a) include a concise statement of
(i) the remedy or relief claimed, and
(ii) (where appropriate) the questions on which the applicant seeks the determination or direction of the Court;
(b)
(b) give details of any arbitration award that is challenged by the applicant, showing the grounds for any such challenge;
(c)
(c) where the applicant claims an order for costs, identify the respondent against whom the claim is made,
(d)
(d) (where appropriate) specify the section of the Arbitration Act under which the application is brought; and
(e)
(e) show that any statutory requirements have been satisfied including those set out, by way of example, in the Table Below.
Application made |
Statutory requirements |
section 9 (stay of legal proceedings) |
see section 9(3) |
section 12 (extensions of time for beginning |
see section 12(2) arbitral proceedings) |
section 18 (failure of appointment procedure) |
see section 18(2) |
section 21 (umpires) |
see section 21(5) |
section 24 (removal of arbitrators) |
see section 24(2) |
section 32 (preliminary point of jurisdiction) |
see section 32(3) |
section 42 (enforcement of peremptory orders) |
see section 42(3) |
section 44 (powers in support of arbitral |
see section 44(4), (5) proceedings) |
section 45 (preliminary point of law) |
see section 45(3) |
section 50 (extension of time for making award) |
see section 50(2) |
section 56 (power to withhold award) |
see section 56(4) |
sections 67, 68 (challenging the award) |
see section 70(2), (3) |
section 69 (appeal on point of law) |
see sections 69(2), (4), 70(2), (3) |
section 77 (service of documents) |
see section 77(3) |
(3) The arbitration application must also state
(a)
(a) whether it is madeex parte or on notice and, if made on notice, must give the names and addresses of the persons to whom notice is to be given, stating their role in the arbitration and whether they are made respondents to the application;
(b)
(b) whether (having regard to rule 15) the application will be heard in open Court or in chambers; and
(c)
(c) the date and time when the application will be heard or that such date has not yet been fixed.
(4) Every arbitration application which is used as an originating process shall be indorsed with the applicant’s address for service in accordance with Order 6, rule 5.
Issue of application
5.—(1) This rule is to be read with the provisions of the High Court and County Courts (Allocation of Arbitration Proceedings) Order 19966which allocates proceedings under the Arbitration Act to the High Court and the county courts and specifies proceedings which may be commenced or taken only in the High Court or in a county court.
(2) This rule does not apply to applications under section 9 of the Arbitration Act to stay legal proceedings.
(3) Any other arbitration application may be made—
(a)
(a) in the Royal Courts of Justice, in which case it shall be issued out of the Admiralty and Commercial Registry;
(b)
(b) in a district registry in which there is a mercantile list, in which case it shall be entered into that list.
(4) Except where an arbitration application is issued out of the Admiralty and Commercial Registry, the Judge in charge of the list shall
(a)
(a) as soon as practicable after the issue of the application, and
(b)
(b) in consultation with the Judge in charge of the commercial list,
consider whether the application should be transferred to the Commercial Court or to any another list.
(5) Where an arbitration application is issued out of the Admiralty and Commercial Registry, the Judge in charge of the commercial list may at any time after the issue of the application transfer the application to another list, court or Division of the High Court, to which he has power to transfer proceedings.
(6) In considering whether to transfer an application, the Judges referred to in paragraphs (4) and (5) shall have regard to the criteria specified in article 4(4) of the High Court and County Courts (Allocation of Arbitration Proceedings) Order 19967and the application shall be transferred if those Judges so decide.
(7) In this rule “Judge in charge of the list” means—
(a)
(a) a Commercial Judge, where the arbitration application is issued out of the Admiralty and Commercial Registry;
(b)
(b) a Circuit mercantile Judge, where the arbitration application is entered in a mercantile list;
(c)
(c) a Judge of the business list in the Central London County Court, where the arbitration application is commenced in the business list established at the Central London County Court by Order 48C of the County Court Rules 19818;
but nothing in this rule shall be construed as preventing...
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