Arbitration Act 1996, Text, Agreements, and Directions

• The Arbitration Act 1996 Came into force on 31st January 1997. The Explanatory Note from the Commencement No 1 Order SI 3146 1996 follows:

  
                         EXPLANATORY NOTE
      
      With one exception, this Order brings into force the
      provisions of the Arbitration Act 1996.  Those provisions
      necessary to enable the substantive provisions to be brought
      into force are commenced immediately.  The substantive
      provisions come into force on 31 January 1997.  Commencement
      is subject to transitional provisions designed to ensure
      continuity of legal proceedings and to preserve the current
      law on what are known as "honourable engagement" clauses in
      relation to existing agreements.
      
      Sections 85 to 87, which make special provision in relation
      to domestic arbitration agreements,are not commenced.

  Emphasis added.
  
  
  
• A simple Arbitration Agreement will exclude the court from having any power to interfere with the arbitration and also exclude the possibility of any appeal.
• A complete Arbitration Agreement shows the effect all the defaults in the Arbitration Act 1996 have on the simple arbitration agreement. This is an interesting but unrealistic document
• A Model Agenda for a preliminary meeting in an arbitration.
• An example set of Arbitrators Directions as to Case Statements intended to show how under the Arbitration Act 1996 (section 33(b)) an arbitrator has to act in order to live up to the responsibilities placed on him to adopt procedures "avoiding unnecessary delay or expense".
• The practicalities of Med-Arb. A mediation automatically followed by arbitration by the same individual if an agreement is not reached.
• A Med-Arb Agreement Precedent for an Agreement on a Dispute Resolution Process where the same person will first attempt to Mediate and if no agreement is reached go on to Arbitrate.

                    This material last reviewed 4 November 2001