Home | Anti-Fraud| Litigation & Arbitration| WTO
Incoterms| Risk Prevention| Law & Regulation| Finace
Letter of Credit| Invest in China| Case & Article| Lawyer
Documents| Foreign Project| Intellectual Property| Consultation
Arbitration Act 1996 (of England) 4
Sources:International Trade Law, Time:2017-03-06 13:13, Click:, Comment
Share:
 
 
Section 39. - Power to make provisional awards.
 
 
 
{ 286 } 
 
(1) The parties are free to agree that the tribunal shall have power to order on a provisional basis any relief which it would have power to grant in a final award.
 
 { 287 } 
 
(2) This includes, for instance, making -
 
 { 288 } 
 
(a) a provisional order for the payment of money or the disposition of property as between the parties, or
 
 { 289 } 
 
(b) an order to make an interim payment on account of the costs of the arbitration.
 
 { 290 } 
 
(3) Any such order shall be subject to the tribunals final adjudication; and the tribunals final award, on the merits or as to costs, shall take account of any such order.
 
 { 291 } 
 
(4) Unless the parties agree to confer such power on the tribunal, the tribunal has no such power. This does not affect its powers under section 47 (awards on different issues, &c.).
 
 { 292 } 
 
 
 
Section 40. - General duty of parties.
 
 
 
{ 293 } 
 
(1) The parties shall do all things necessary for the proper and expeditious conduct of the arbitral proceedings.
 
 { 294 } 
 
(2) This includes -
 
 { 295 } 
 
(a) complying without delay with any determination of the tribunal as to procedural or evidential matters, or with any order or directions of the tribunal, and
 
 { 296 } 
 
(b) where appropriate, taking without delay any necessary steps to obtain a decision of the court on a preliminary question of jurisdiction or law (see sections 32 and 45).
 
 { 297 } 
 
 
 
Section 41. - Powers of tribunal in case of partys default.
 
 
 
{ 298 } 
 
(1) The parties are free to agree on the powers of the tribunal in case of a partys failure to do something necessary for the proper and expeditious conduct of the arbitration.
 
 { 299 } 
 
(2) Unless otherwise agreed by the parties, the following provisions apply.
 
 { 300 } 
 
(3) If the tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing his claim and that the delay -
 
 { 301 } 
 
(a) gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the issues in that claim, or
 
 { 302 } 
 
(b) has caused, or is likely to cause, serious prejudice to the respondent,
 
 { 303 } 
 
the tribunal may make an award dismissing the claim.
 
 { 304 } 
 
(4) If without showing sufficient cause a party -
 
 { 305 } 
 
(a) fails to attend or be represented at an oral hearing of which due notice was given, or
 
 { 306 } 
 
(b) where matters are to be dealt with in writing, fails after due notice to submit written evidence or make written submissions,
 
 { 307 } 
 
the tribunal may continue the proceedings in the absence of that party or, as the case may be, without any written evidence or submissions on his behalf, and may make an award on the basis of the evidence before it.
 
 { 308 } 
 
(5) If without showing sufficient cause a party fails to comply with any order or directions of the tribunal, the tribunal may make a peremptory order to the same effect, prescribing such time for compliance with it as the tribunal considers appropriate.
 
 
 { 309 } 
 
(6) If a claimant fails to comply with a peremptory order of the tribunal to provide security for costs, the tribunal may make an award dismissing his claim.
 
 { 310 } 
 
(7) If a party fails to comply with any other kind of peremptory order, then, without prejudice to section 42 (enforcement by court of tribunals peremptory orders), the tribunal may do any of the following -
 
 { 311 } 
 
(a) direct that the party in default shall not be entitled to rely upon any allegation or material which was the subject matter of the order;
 
 { 312 } 
 
(b) draw such adverse inferences from the act of non-compliance as the circumstances justify;
 
 { 313 } 
 
(c) proceed to an award on the basis of such materials as have been properly provided to it;
 
 { 314 } 
 
(d) make such order as it thinks fit as to the payment of costs of the arbitration incurred in consequence of the non-compliance.
 
 { 315 } 
 
 
 
Powers of court in relation to arbitral proceedings
 
 
 
{ 316 } 
 
 
 
Section 42. - Enforcement of peremptory orders of tribunal.
 
 
 
{ 317 } 
 
(1) Unless otherwise agreed by the parties, the court may make an order requiring a party to comply with a peremptory order made by the tribunal.
 
 { 318 } 
 
(2) An application for an order under this section may be made -
 
 { 319 } 
 
(a) by the tribunal (upon notice to the parties),
 
 { 320 } 
 
(b) by a party to the arbitral proceedings with the permission of the tribunal (and upon notice to the other parties), or
 
 { 321 } 
 
(c) where the parties have agreed that the powers of the court under this section shall be available.
 
 { 322 } 
 
(3) The court shall not act unless it is satisfied that the applicant has exhausted any available arbitral process in respect of failure to comply with the tribunals order.
 
 { 323 } 
 
(4) No order shall be made under this section unless the court is satisfied that the person to whom the tribunals order was directed has failed to comply with it within the time prescribed in the order or, if no time was prescribed, within a reasonable time.
 
 { 324 } 
 
(5) The leave of the court is required for any appeal from a decision of the court under this section.
 
 { 325 } 
 
 
 
Section 43. - Securing the attendance of witnesses.
 
 
 
{ 326 } 
 
(1) A party to arbitral proceedings may use the same court procedures as are available in relation to legal proceedings to secure the attendance before the tribunal of a witness in order to give oral testimony or to produce documents or other material evidence.
 
 { 327 } 
 
(2) This may only be done with the permission of the tribunal or the agreement of the other parties.
 
 { 328 } 
 
(3) The court procedures may only be used if -
 
 { 329 } 
 
(a) the witness is in the United Kingdom, and
 
 { 330 } 
 
(b) the arbitral proceedings are being conducted in England and Wales or, as the case may be, Northern Ireland.
 
 { 331 } 
 
(4) A person shall not be compelled by virtue of this section to produce any document or other material evidence which he could not be compelled to produce in legal proceedings.
 
 { 332 } 
 
 
 
Section 44. - Court powers exercisable in support of arbitral proceedings.
 
 
 
{ 333 } 
 
(1) Unless otherwise agreed by the parties, the court has for the purposes of and in relation to arbitral proceedings the same power of making orders about the matters listed below as it has for the purposes of and in relation to legal proceedings.
 
 { 334 } 
 
(2) Those matters are -
 
 { 335 } 
 
(a) the taking of the evidence of witnesses;
 
 { 336 } 
 
(b) the preservation of evidence;
 
 { 337 } 
 
(c) making orders relating to property which is the subject of the proceedings or as to which any question arises in the proceedings -
 
 { 338 } 
 
(i) for the inspection, photographing, preservation, custody or detention of the property, or
 
 { 339 } 
 
(ii) ordering that samples be taken from, or any observation be made of or experiment conducted upon, the property;
 
 { 340 } 
 
and for that purpose authorising any person to enter any premises in the possession or control of a party to the arbitration;
 
 { 341 } 
 
(d) the sale of any goods the subject of the proceedings;
 
 { 342 } 
 
(e) the granting of an interim injunction or the appointment of a receiver.
 
 { 343 } 
 
(3) If the case is one of urgency, the court may, on the application of a party or proposed party to the arbitral proceedings, make such orders as it thinks necessary for the purpose of preserving evidence or assets.
 
 { 344 } 
 
(4) If the case is not one of urgency, the court shall act only on the application of a party to the arbitral proceedings (upon notice to the other parties and to the tribunal) made with the permission of the tribunal or the agreement in writing of the other parties.
 
 { 345 } 
 
(5) In any case the court shall act only if or to the extent that the arbitral tribunal, and any arbitral or other institution or person vested by the parties with power in that regard, has no power or is unable for the time being to act effectively.
 
 { 346 } 
 
(6) If the court so orders, an order made by it under this section shall cease to have effect in whole or in part on the order of the tribunal or of any such arbitral or other institution or person having power to act in relation to the subject-matter of the order.
 
 { 347 } 
 
(7) The leave of the court is required for any appeal from a decision of the court under this section.
 
 
This column is hot pictures
Home Back to top
About | Contact | Online submission | Using help | Site map | Set as homepage | Add to Favorites

Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone:0086-13315171023 QQ:1215545143
Email:tradelawchina@hotmail.com Technical support:ZW0311