This chapter examines how arbitrations are commenced with a notice of arbitration and the appointment of arbitral tribunals. Typically, arbitral tribunals will have either a sole arbitrator or a panel of three arbitrators. There are a number of variations on this theme. Examples include tribunals with a chairperson or an umpire, and the use of judge-arbitrators. The chapter then describes the contractual basis of the appointment of arbitrators, and the procedures dealing with the removal, resignation, or death of an arbitrator. The Arbitration Act 1996 seeks to give effect to the parties' agreements (between themselves or with the arbitrators) if it becomes necessary for an arbitrator to resign or be removed, but there are fall-back provisions allowing applications to the court because it is recognized that agreement may not be possible given the possibly contentious nature of these situations.
Chapter
27. Arbitral Tribunals
Chapter
31. High Court Jurisdiction in Arbitration Claims
This chapter addresses High Court jurisdiction in arbitration claims. Intervention by the courts in arbitrations is restricted to those situations allowed by the Arbitration Act 1996. These include situations where the judicial system can offer support to the arbitral process to make it effective and to correct obvious injustices. Applications in support of the arbitral process include applications relating to the appointment of arbitrators and procedural orders to secure evidence for use in arbitrations. Ultimately, judicial review of arbitral awards is strictly restricted. The main provisions deal with serious irregularities and appeals on points of law. Appeals to the Court of Appeal are (with minor exceptions) only available with the permission of the High Court judge.
