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ADR > 07- Arbitration Act 1996 > Flashcards

07- Arbitration Act 1996 Flashcards

1
Q

s.4

Arbitration Provisions TYPES

A

Mandatory

Non Mandatory

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2
Q

Mandatory Provisions

WHAT

A

MUST Have Effect

NO Court Intervention

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3
Q

Non Mandatory Provisions

WHAT

A

MAY Have Effect

Fall-back Provisions

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4
Q

Non Mandatory Provisions

WHEN Apply

A

Absence in Agreement

Silence in Institutional Rules

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5
Q

s.5

Arbitration Agreement MUST

A

Written

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6
Q

s.7

Agreement TYPES

A

Substantive Contract
Arbitration Agreement
Result = Separate Agreements

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7
Q

s.9

Stay Proceedings WHEN

A

Proceedings ‘Would’ Breach Agreement

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8
Q

Stay Proceedings

Party MUST Forms

A

Form N9 = Acknowledge Proceedings

Form N244 = Application to Stay; Witness Statement

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9
Q

Court

MUST Grant Stay

A

Arbitration Agreement Valid

Matter IN Arbitration Jurisdiction

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10
Q

Court

NOT Grant Stay

A

Arbitration Agreement Void

Party Answers Proceedings

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11
Q

s.12

Arbitration Extension

A

Court MAY Order IF
Exhausted Arbitration Process
1. Circumstances Outside AND Unjust
2. Party Conduct Unjust

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12
Q

s.14

Arbitration Commencement

A

Party Agreement OR
Serve Written Notice
1. Submit Matter to Arbitrator
2. Appoint Arbitrator

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13
Q

s.15

Tribunal Number

A

Party Agreement OR
NO Agreement = One
Agree Odd = Remain
Agree Even = Add Chairman OR Umpire

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14
Q

s.16

Tribunal Appointment

A

Party Agreement OR
One = Joint Appoint; 28 days > Service
Two = Each Appoint; 14 days > Service
Three = Each Appoint; 14 days > Service; Tribunal 3rd

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15
Q

s.17
Party Failure to Appoint
Compliant Party

A

Written Notice = Proposal; 7 days

Result = Appoint Arbitrator

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16
Q

s.17
Party Failure to Appoint
Default Party

A

MAY Apply Set Aside

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17
Q

s.18

Procedure Failure to Appoint

A 
Party Agreement OR
ANY Party Application = High Court
1. Direction
2. Appointment
3. Revoke Appointment
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18
Q

s.24

Removal of Arbitrator

A

Court MAY Remove IF
Exhausted Arbitration Process
1. Grounds for Doubt
2. Failure = Conduct Arbitration; Make Award

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19
Q

Removal of Arbitrator

Grounds for Doubt WHAT

A

Impartial = Neutral; Conflict of Interest; Bias
Qualifications
Capacity

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20
Q

s.24
Removal of Arbitrator
Additional Orders

A

Arbitrator Heard

Arbitrator Fees = Pay OR Repay

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21
Q

s.27
Arbitrator Vacancy
Party MAY Agree

A

Restart Proceedings
Allow Vacancy
Replace Arbitrator
Replace Nominated Appointment

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22
Q

s.27
Arbitrator Vacancy
Party NOT Agree

A

High Court = Direction; Appointment
Proceedings = Tribunal MAY Restart
Nominated Appointment = MUST Remain

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23
Q

s.28

Arbitrators Fees WHO

A

Liability = Parties Jointly AND Severally

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24
Q

s.28

Arbitrators Fees WHAT

A

Reasonable Fees

Appropriate Expenses

25
Q

s.28
Arbitrators Fees
Court Orders

A

Arbitrator Fees = Pay OR Repay

26
Q

s.29

Arbitrator Immunity

A

NOT Liable = Done; Omitted

Unless = Bad Faith

27
Q

s.33

Tribunal Duty = Objective

A

Fair AND Impartial

Unnecessary Delay OR Expense

28
Q

s.34

Tribunal Decide WHAT

A

Party Agreement OR
Evidence Matters = Oral; Written
Procedure Matters = Adversarial; Investigation

29
Q

s.38

Tribunal Powers WHAT

A 
Party Agreement OR
Security for Costs
Property = Inspection; Custody
Preserve Evidence
Witness Examination
Expert Appointment
30
Q

s.41
Tribunal Powers
Defaulting Party

A

Party Agreement OR
Delay = Dismiss Claim
Absence = Continue in Absence
Non Compliance = Peremptory Order (Unless Order)

31
Q

s.41
Tribunal Powers
Default Peremptory Order

A

Adverse Inference
Exclude Evidence
Costs Order

32
Q

s.44

Court Powers WHEN

A

Party Agreement OR

Party Application

33
Q

s.44
Court Powers
Party Application Method

A

Part 8 Procedure

Application = N8 Form (Arbitration Claim)

34
Q

s.44

Court Powers WHAT

A 
Property = Inspection; Custody
Preserve Evidence
Interim Injunction = Prohibitory; Mandatory
Witness = Summons; Examination
Receiver Appointment
35
Q

s.45

Determine Point of Law WHEN

A

Party Agreement OR

Party Application WITH Permission

36
Q

s.45

Determine Point of Law Method

A

Part 8 Procedure

Application = N8 Form (Arbitration Claim)

37
Q

s.45
Determine Point of Law
Requirements

A 
Identify Area of Law
Affects Party Rights
Permission
1. ALL Parties
2. Tribunal = Costs Savings; NO Application Delay
38
Q

s.46

Arbitration Law WHAT

A

Party Agreement OR

Tribunal Considers

39
Q

s.47

Tribunal Awards

A 
Party Agreement OR
Payment
Performance
Contract = Rectify; Set Aside; Cancel
Interim Injunction = Prohibitory; Mandatory
40
Q

s.49

Tribunal Interest

A

Party Agreement OR

Tribunal MAY Award

41
Q

s.52

Award MUST State

A 
Party Agreement OR
Writing
Award
Seat of Arbitration
Reasons
Signed
Dated
42
Q

s.58

Award Final AND Binding?

A

Unless Party Agreement

43
Q

s.61

Costs Order

A

Party Agreement OR

  1. General Rule = ‘Costs Follow Event’
  2. Inappropriate = Partial Success; Conduct
44
Q

s.66
Award Enforcement
Application

A 
WHAT = Permission
WHERE = High Court
Result = Judgement Order AND Interest 8%
45
Q

s.66
Award Enforcement
Defence

A

NO Tribunal Jurisdiction

46
Q

s.67

Challenge Award

A

Tribunal Jurisdiction
AND
Court Order = Award NO Effect

47
Q

s.67

Challenge Conditions

A

Notice ALL Other Parties
Exhausted Arbitration Process
Application = 28 days > Award

48
Q

s.67

Challenge Court MAY

A

Confirm Award
Vary Award
Set Aside Award (Part OR Whole)

49
Q

s.68

Challenge Award

A

Serious Irregularity

WITH Substantial Injustice

50
Q

s.68

Serious Irregularity TYPES

A

Breach Duty = Fair AND Impartial
Breach Agreement
NOT Deal Issues
Award = Uncertainty; Fraud

51
Q

s.68

Challenge Conditions

A

Exhausted Arbitration Process

Application = 28 days > Award

52
Q

s.68

Challenge Court MAY

A

Remit to Tribunal
Set Aside Award (Part OR Whole)
Declare NO Effect

53
Q

s.69

Appeal Point Law WHEN

A 
Party Agreement OR
Identify Area of Law
Affects Party Rights
Tribunal Determined
Court Determine = Proper
Basis = Obvious Wrong; Serious Doubt; Public Importance
54
Q

s.69

Appeal Point Law Conditions

A

Permission ALL Other Parties OR Court
Exhausted Arbitration Process
Application = 28 days > Award

55
Q

s.69

Appeal Point Law Court MAY

A

Remit to Tribunal
Confirm Award
Vary Award
Set Aside Award (Part OR Whole)

56
Q

s.70
Challenge OR Appeal
Court MAY

A 
Party = Give Security for Costs
Tribunal = Give Award Reasons
57
Q

s.73
Loss Right to Object
WHEN

A

Time Limitation = Expired

Continue Arbitration NOT Object

58
Q

s.73
Loss Right to Object
Exception

A

Time Limitation NOT Expired

NO Knowledge of Grounds

ADR (7 decks)

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