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Unit 6 – Arbitration Notes

LPC Law Notes > Commercial Dispute Resolution Notes

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A more recent version of these Unit 6 – Arbitration notes – written by Cambridge And Oxilp And College Of Law students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial Dispute Resolution Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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


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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