Arbitration Act 1979
| Jurisdiction | UK Non-devolved |
| Citation | 1979 c. 42 |
| Year | 1979 |
(1) In the Arbitration Act 1950 (in this Act referred to as “the principal Act”) section 21 (statement of case for a decision of the High Court) shall cease to have effect and, without prejudice to the right of appeal conferred by subsection (2) below, the High Court shall not have jurisdiction to set aside or remit an award on an arbitration agreement on the ground of errors of fact or law on the face of the award. confirm, vary or set aside the award; orremit the award to the reconsideration of the arbitrator or umpire together with the court’s opinion on the question of law which was the subject of the appeal;with the consent of all the other parties to the reference; orsubject to section 3 below, with the leave of the court.(4) The High Court shall not grant leave under subsection (3) (b) above unless it considers that, having regard to all the circumstances, the determination of the question of law concerned could substantially affect the rights of one or more of the parties to the arbitration agreement; and the court may make any leave which it gives conditional upon the applicant complying with such conditions as it considers appropriate.with the consent of all the other parties to the reference, orsubject to section 3 below, with the leave of the court,that before the award was made one of the parties to the reference gave notice to the arbitrator or umpire concerned that a reasoned award would be required; orthat there is some special reason why such a notice was not given.to grant or refuse leave under subsection (3) (b) or (5) (b) above; orto make or not to make an order under subsection (5) above.the High Court or the Court of Appeal gives leave; andit is certified by the High Court that the question of law to which its decision relates either is one of general public importance or is one which for some other special reason should be considered by the Court of Appeal.(8) Where the award of an arbitrator or umpire is varied on appeal, the award as varied shall have effect (except for the purposes of this section) as if it were the award of the arbitrator or umpire.with the consent of an arbitrator who has entered on the reference or, if an umpire has entered on the reference, with his consent, orwith the consent of all the other parties,the determination of the application might produce substantial savings in costs to the parties; andthe question of law is one in respect of which leave to appeal would be likely to be given under section 1(3) (b) above.(2A) Unless the High Court gives leave, no appeal shall lie to the Court of Appeal from a decision of the High Court to entertain or not to entertain an application under subsection (1) (a) above.the High Court or the Court of Appeal gives leave; andit is certified by the High Court that the question of law to which its decision relates either is one of general public importance or is one which for some other special reason should be considered by the Court of Appeal.the High Court shall not, under section 1(3) (b) above, grant leave to appeal with respect to a question of law arising out of an award, andthe High Court shall not, under section 1(5) (b) above, grant leave to make an application with respect to an award, andno application may be made under section 2(1) (a) above with respect to a question of law,(2) An exclusion agreement may be expressed so as to relate to a particular award, to awards under a particular reference or to any other description of awards, whether arising out of the same reference or not; and an agreement may be an exclusion agreement for the purposes of this section whether it is entered into before or after the passing of this Act and whether or not it forms part of an arbitration agreement.an arbitration agreement, other than a domestic arbitration agreement, provides for disputes between the parties to be referred to arbitration, anda dispute to which the agreement relates involves the question whether a party has been guilty of fraud, andthe parties have entered into an exclusion agreement which is applicable to any award made on the reference of that dispute,to prohibit or restrict access to the High Court; orto restrict the jurisdiction of that court; orto prohibit or restrict the making of a reasoned award.(5) An exclusion agreement shall be of no effect in relation to an award made on, or a question of law arising in the course of a reference under, a statutory arbitration, that is to say, such an arbitration as is referred to in subsection (1) of section 31 of the principal Act.(6) An exclusion agreement shall be of no effect in relation to an award made on, or a question of law arising in the course of a reference under, an arbitration agreement which is a domestic arbitration agreement unless the exclusion agreement is entered into after the commencement of the arbitration in which the award is made or, as the case may be, in which the question of law arises.
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