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Unit 6 – Arbitration Notes

LPC Law Notes > Commercial Dispute Resolution Notes

This is an extract of our Unit 6 – Arbitration document, which we sell as part of our Commercial Dispute Resolution Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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Unit 6 - Consolidation CDR AA = arbitration act Always check in exam to see if any non-mandatory provisions of the AA96 have been excluded SECTION SUBJECT MANDATORY?
s1 Guiding principles N/A s5 Agreements to be in writing - widely defined N/A

s9 Staying legal proceedings Yes

s 12 Power of court to grant extensions of time for the Yes commencement of arbitration proceedings

s 13 Limitation Act applies to arbitration proceedings Yes

s 14 Commencement of arbitration proceedings - written notice No

ss 15 and 16 Appointment of arbitrators No

s 24 Power of court to remove arbitrator Yes

s 33 Arbitrators' duties Yes

s 34 Power of arbitrators over procedural and evidential matters

No

s 38 General powers of arbitrators including power to award No security for costs

s 40 General duty of parties Yes

s 41 Powers of arbitrators where party in default - power to make No peremptory orders

s 42 Enforcement of peremptory orders through the courts No

s 45 Power of arbitrators to make different awards on different No issues at different times

s 47 Ability of arbitrators to make different awards on different No issues at different times

s 56 Ability of arbitrators to withhold award in the event of nonYes payment

s 60 Prohibition on agreement to pay costs in any event Yes

s 61 Arbitrators' ability to award costs No

s 66 Enforcement of the award Yes

ss 67 and 68 Right to challenge the award - substantive jurisdiction and Yes serious irregularity

s 69 Appeal on question of law No

s 79 Power of court to extend time limits relating to arbitration No proceedings

Sch 1 Mandatory provisions of Part 1 N/A

The original contract is invalid

OUTCOME 1 - Interpret AA98 and advise client on rights/obligations and powers of arbitral tribunal, how to remove arbitrator and powers of court in relation to arbitration s.7 - unless otherwise agreed, an arbitration agreement which was intended to form part of an agreement shall not be regarded as invalid just because that other agreement is invalid

OUTCOME 2- Advise a client on the circumstances in which the parties may seek the assistance of the court in relation to arbitration

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