PRACTICE DIRECTION 62 – ARBITRATION
This Practice Direction supplements Part 62
|62.3 – Starting the claim||Para. 2.1|
|62.4 – Arbitration claim form||Para. 3.1|
|Acknowledgment of service or making representations by arbitrator or ACAS||Para. 4.1|
|Supply of documents from court records||Para. 5.1|
|62.7 – Case management||Para. 6.1|
|Securing the attendance of witnesses||Para. 7.1|
|Interim remedies||Para. 8.1|
|Applications under sections 32 and 45 of the 1996 Act||Para. 9.1|
|Decisions without a hearing||Para. 10.1|
|62.9 – Variation of time||Para. 11.1|
|Applications for permission to appeal||Para. 12.1|
|62.13 – Starting the claim||Para. 14.1|
|62.21 – Registration of awards under the Arbitration (International Investment Disputes) Act 1966||Para. 16.1|
This Section of this Practice Direction applies to arbitration claims to which Section I of Part 62 applies.
In this Section ‘the 1996 Act’ means the Arbitration Act 1996.
62.3 – Starting the claim
An arbitration claim under the 1996 Act (other than under section 9) must be started in accordance with the High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996 by the issue of an arbitration claim form.
An arbitration claim form must be substantially in the form set out in Appendix A to this practice direction.
Subject to paragraph 2.1, an arbitration claim form –
(1) may be issued at the courts set out in column 1 of the table below and will be entered in the list set out against that court in column 2;
(2) relating to a landlord and tenant or partnership dispute must be issued in the Chancery Division of the High Court.
|Admiralty and Commercial Registry at the Royal Courts of Justice, London||Commercial list|
|Technology and Construction Court Registry, St. Dunstan's House, London||TCC list|
|District Registry of the High Court (where mercantile court established)||Mercantile list|
|District Registry of the High Court (where arbitration claim form marked ‘Technology and Construction Court’ in top right hand corner)||TCC list|
62.4 – Arbitration claim form
The court may exercise its powers under rule 6.15 to permit service of an arbitration claim form at the address of a party’s solicitor or representative acting for that party in the arbitration.
Where the arbitration claim form is served by the claimant he must file a certificate of service within 7 days of service of the arbitration claim form.
(Rule 6.17 specifies what a certificate of service must show).
Acknowledgment of service or making representations by arbitrator or ACAS
(1) an arbitrator; or
(2) ACAS (in a claim under the 1996 Act as applied with modifications by the ACAS Arbitration Scheme (England and Wales) Order 2001)
is sent a copy of an arbitration claim form (including an arbitration claim form sent under rule 62.6(2)), that arbitrator or ACAS (as the case may be) may –
An application under paragraph 4.1(2)(a) to be made a defendant –
(1) must be served on the claimant; but
(2) need not be served on any other party.
An arbitrator or ACAS may make representations by filing written evidence or in writing to the court.
Supply of documents from court records
An arbitration claim form may only be inspected with the permission of the court.
62.7 – Case management
The following directions apply unless the court orders otherwise.
A defendant who wishes to rely on evidence before the court must file and serve his written evidence –
(1) within 21 days after the date by which he was required to acknowledge service; or,
(2) where a defendant is not required to file an acknowledgement of service, within 21 days after service of the arbitration claim form.
A claimant who wishes to rely on evidence in reply to written evidence filed under paragraph 6.2 must file and serve his written evidence within 7 days after service of the defendant's evidence.
Agreed indexed and paginated bundles of all the evidence and other documents to be used at the hearing must be prepared by the claimant.
Not later than 5 days before the hearing date estimates for the length of the hearing must be filed together with a complete set of the documents to be used.
Not later than 2 days before the hearing date the claimant must file and serve –
(1) a chronology of the relevant events cross-referenced to the bundle of documents;
(2) (where necessary) a list of the persons involved; and
(3) a skeleton argument which lists succinctly –
(a) the issues which arise for decision;
(b) the grounds of relief (or opposing relief) to be relied upon;
(c) the submissions of fact to be made with the references to the evidence; and
(d) the submissions of law with references to the relevant authorities.
Not later than the day before the hearing date the defendant must file and serve a skeleton argument which lists succinctly –
(1) the issues which arise for decision;
(2) the grounds of relief (or opposing relief) to be relied upon;
(3) the submissions of fact to be made with the references to the evidence; and
(4) the submissions of law with references to the relevant authorities.
Securing the attendance of witnesses
A party to arbitral proceedings being conducted in England or Wales who wishes to rely on section 43 of the 1996 Act to secure the attendance of a witness must apply for a witness summons in accordance with Part 34.
If the attendance of the witness is required within the district of a district registry, the application may be made at that registry.
An application for an interim remedy under section 44 of the 1996 Act must be made in an arbitration claim form.
Applications under sections 32 and 45 of the 1996 Act
This paragraph applies to arbitration claims for the determination of –
(1) a question as to the substantive jurisdiction of the arbitral tribunal under section 32 of the 1996 Act; and
(2) a preliminary point of law under section 45 of the 1996 Act.
Where an arbitration claim is made without the agreement in writing of all the other parties to the arbitral proceedings but with the permission of the arbitral tribunal, the written evidence or witness statements filed by the parties must set out any evidence relied on by the parties in support of their contention that the court should, or should not, consider the claim.
As soon as practicable after the written evidence is filed, the court will decide whether or not it should consider the claim and, unless the court otherwise directs, will so decide without a hearing.
Decisions without a hearing
Having regard to the overriding objective the court may decide particular issues without a hearing. For example, as set out in paragraph 9.3, the question whether the court is satisfied as to the matters set out in section 32(2)(b) or section 45(2)(b) of the 1996 Act.
The court will generally decide whether to extend the time limit under section 70(3) of the 1996 Act without a hearing. Where the court makes an order extending the time limit, the defendant must file his written evidence within 21 days from service of the order.
62.9 – Variation of time
Applications for permission to appeal
Where a party seeks permission to appeal to the court on a question of law arising out of an arbitration award, the arbitration claim form must, in addition to complying with rule 62.4(1) –
(1) identify the question of law;
(2) state the grounds (but not the argument) on which the party challenges the award and contends that permission should be given;
(3) be accompanied by a skeleton argument in support of the application in accordance with paragraph 12.2; and
(4) append the award.
Subject to paragraph 12.3, the skeleton argument –
(1) must be printed in 12 point font, with 1� line spacing;
(2) should not exceed 15 pages in length; and
(3) must contain an estimate of how long the court is likely to need to deal with the application on the papers.
If the skeleton argument exceeds 15 pages in length the author must write to the court explaining why that is necessary.
Written evidence may be filed in support of the application only if it is necessary to show (insofar as that is not apparent from the award itself) –
(1) that the determination of the question raised by the appeal will substantially affect the rights of one or more of the parties;
(2) that the question is one which the tribunal was asked to determine;
(3) that the question is one of general public importance;
(4) that it is just and proper in all the circumstances for the court to determine the question raised by the appeal.
Any such evidence must be filed and served with the arbitration claim form.
Unless there is a dispute whether the question raised by the appeal is one which the tribunal was asked to determine, no arbitration documents may be put before the court other than –
(1) the award; and
(2) any document (such as the contract or the relevant parts thereof) which is referred to in the award and which the court needs to read to determine a question of law arising out of the award.
In this Practice Direction ‘arbitration documents’ means documents adduced in or produced for the purposes of the arbitration.
A respondent who wishes to oppose an application for permission to appeal must file a respondent's notice which –
(1) sets out the grounds (but not the argument) on which the respondent opposes the application; and
(2) states whether the respondent wishes to contend that the award should be upheld for reasons not expressed (or not fully expressed) in the award and, if so, states those reasons (but not the argument).
The respondent’s notice must be filed and served within 21 days after the date on which the respondent was required to acknowledge service and must be accompanied by a skeleton argument in support which complies with paragraph 12.2 above.
Written evidence in opposition to the application should be filed only if it complies with the requirements of paragraph 12.4 above. Any such evidence must be filed and served with the respondent’s notice.
The applicant may file and serve evidence or argument in reply only if it is necessary to do so. Any such evidence or argument must be as brief as possible and must be filed and served within 7 days after service of the respondent’s notice.
If either party wishes to invite the court to consider arbitration documents other than those specified in paragraph 12.5 above the counsel or solicitor responsible for settling the application documents must write to the court explaining why that is necessary.
If a party or its representative fails to comply with the requirements of paragraphs 12.1 to 12.9 the court may penalise that party or representative in costs.
The court will normally determine applications for permission to appeal without an oral hearing but may direct otherwise, particularly with a view to saving time (including court time) or costs.
Where the court considers that an oral hearing is required, it may give such further directions as are necessary.
Where the court refuses an application for permission to appeal without an oral hearing, it will provide brief reasons.
This Section of this Practice Direction applies to arbitration claims to which Section II of Part 62 applies.
62.13 – Starting the claim
An arbitration claim must be started in the Commercial Court and, where required to be heard by a judge, be heard by a judge of that court unless he otherwise directs.
This Section of this Practice Direction applies to enforcement proceedings to which Section III of Part 62 applies.
62.21 – Registration of awards under the Arbitration (International Investment Disputes) Act 1966
Awards ordered to be registered under the 1966 Act and particulars will be entered in the Register kept for that purpose at the Admiralty and Commercial Registry.
N8 Claim form (arbitration)
Available on the forms page.
N8A Notes for claimant
Available on the forms page.
N8B Notes for defendant
Available on the forms page.
N15 Acknowledgement of service (arbitration claim)
Available on the forms page.