Arbitration Act, 1954

JurisdictionIreland
CitationIR No. 26/1954
Year1954


Number 26 of 1954.


ARBITRATION ACT, 1954.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title and commencement.

2.

Interpretation generally.

3.

Commencement of arbitration.

4.

State authorities to be bound.

5.

Exclusion of certain arbitrations.

6.

Operation of Parts II and III.

7.

Penalty for giving false evidence.

8.

Repeals.

PART II.

Arbitration Under Arbitration Agreements.

9.

Authority of arbitrators and umpires to be irrevocable.

10.

Death of party.

11.

Provisions in case of bankruptcy.

12.

Power to stay proceedings where there is an arbitration agreement.

13.

Reference, of interpleader issues to arbitration.

14.

When reference is to be to a single arbitrator.

15.

Power of parties in certain cases to supply vacancy.

16.

Umpires.

17.

Agreements for reference to three arbitrators.

18.

Power of Court in certain cases to appoint an arbitrator or umpire.

19.

Powers of arbitrators and umpires as to witnesses.

20.

Powers of parties to a reference to compel attendance of witnesses.

21.

Power of Court to compel attendance of prisoner as a witness.

22.

Orders by Court in relation to security for costs and discovery of documents etc.

23.

Time for making an award.

24.

Removal of arbitrator or umpire on failure to use due dispatch.

25.

Interim awards.

26.

Specific performance.

27.

Awards to be final.

28.

Power to correct slips.

29.

Costs of reference and award to be in the discretion of the arbitrator or umpire.

30.

Avoidance of certain provisions as to costs in arbitration agreements.

31.

Application to arbitrator or umpire to give directions as to costs where award contains no provision.

32.

Application of section 3 of Legal Practitioners (Ireland) Act, 1876, to solicitors' costs in arbitrations.

33.

Taxation of arbitrator's or umpire's fee.

34.

Interest on awards.

35.

Statement of case by arbitrator or umpire.

36.

Power of Court to remit award.

37.

Power of Court to remove arbitrator or umpire on ground of misconduct.

38.

Power of Court to set aside award on ground of misconduct.

39.

Power of Court to give relief where arbitrator is not impartial or dispute referred involves question of fraud.

40.

Power of Court where arbitrator is removed or authority of arbitrator is revoked.

41.

Enforcement of award.

42.

Application of statutes of limitation to arbitration under arbitration agreements.

43.

Accrual for purposes of statutes of limitation of right of action in respect of matters required by arbitration agreement to be referred to arbitration, where agreement provides that arbitration shall be a condition precedent to commencement of action.

44.

Power of Court to extend period of limitation where it sets aside award or orders arbitration to cease to have effect.

45.

Power of Court to extend time for commencing arbitration proceedings, where agreement provides that claims are to be barred unless proceedings an commenced within a specified time.

46.

Extension of section 496 of the Merchant Shipping Act, 1894.

47.

Terms of orders.

PART III.

Arbitration Under Other Acts.

48.

Application of Part I and II to arbitrations under other Acts.

PART IV.

References under Order of the Court.

49.

Power of Court and Circuit Court to refer in certain cases.

50.

Power of arbitration in references under section 49.

51.

Court to have power as in references under arbitration agreement.

52.

Statement of case pending arbitration.

53.

Power of Supreme Court.

PART V.

Enforcement of certain foreign awards.

54.

“Foreign award”.

55.

Effect of foreign awards.

56.

Conditions for enforcement of foreign awards.

57.

Evidence.

58.

Meaning of “final award”.

59.

Saving for other rights, etc.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.


Acts Referred to

Industrial Relations Act, 1946

No. 26 of 1946

Courts of Justice Act, 1924

No. 10 of 1924

Courts of Justice Act, 1936

No. 48 of 1936


Number 26 of 1954.


ARBITRATION ACT, 1954.


AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RESPECT OF ARBITRATIONS. [9th December, 1954.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and commencement.

1.—(1) This Act may be cited as the Arbitration Act, 1954.

(2) This Act (except subsection (2) of section 12 and Part V) shall come into operation on the 1st day of January, 1955.

(3) Subsection (2) of section 12 and Part V of this Act shall come into operation on such day as may be fixed for that purpose by order of the Government.

Interpretation generally.

2.—(1) In this Act—

“arbitration agreement” means a written agreement to refer present or future differences to arbitration, whether an arbitrator is named therein or not;

“the Convention of 1927” means the Convention on the Exception of Foreign Arbitral Awards done at Geneva on the 26th day of September, 1927, set out in the Second Schedule to this Act;

“the Court” means the High Court;

“the operative date” means the 1st day of January, 1955;

“the Protocol of 1923” means the Protocol on Arbitration Clauses opened at Geneva on the 24th day of September, 1923, set out in the First Schedule to this Act;

“State authority” means any authority being—

(a) a Minister of State,

(b) the Commissioners of Public Works in Ireland,

(c) the Irish Land Commission, or

(d) the Revenue Commissioners;

“the statutes of limitation” includes any enactment limiting the time within which any particular proceedings may be commenced.

(2) References in this Act to an award include references to an interim award.

Commencement of arbitration.

3.—(1) For the purposes of this Act and for the purpose of the statutes of limitation as applying to arbitrations and of section 496 of the Merchant Shipping Act, 1894 , as amended by section 46 of this Act, an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other party or parties a written notice requiring him or them to appoint or concur in appointing an arbitrator or, where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring him or them to submit the dispute to the person so named or designated.

(2) (a) A notice under subsection (1) of this section may be served—

(i) by delivering it to the person to whom it is to be served,

(ii) by leaving it at the place in the State at which that person ordinarily resides or carries on business,

(iii) by sending it by registered post in an envelope addressed to that person at the place in the State at which he ordinarily resides or carries on business,

(iv) in any other manner provided in the arbitration agreement.

(b) For the purposes of this subsection, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office in the State and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business in the State.

State authorities to be bound.

4.—This Part, Part II (except subsection (2) of section 12) and Part III of this Act shall apply to an arbitration under an arbitration agreement to which a State authority is a party.

Exclusion of certain arbitrations.

5.—Notwithstanding anything contained in this Act, this Act does not apply to—

(a) an arbitration under an agreement providing for the reference to, or the settlement by, arbitration of any question relating to the terms or conditions of employment or the remuneration of any employees, including persons employed by or under the State or local authorities, or

(b) an arbitration under section 70 of the Industrial Relations Act, 1946 (No. 26 of 1946).

Operation of Parts II and III.

6.—(1) Part II of this Act shall not affect any arbitration under an arbitration agreement which has commenced before the operative date, but shall apply to any arbitration commenced on or after the operative date under an arbitration agreement made before the operative date.

(2) Part III of this Act shall not affect any arbitration under any other Act which has commenced before the operative date, but shall apply to any arbitration commenced on or after the operative date under any other Act passed before, on, or after the operative date.

Penalty for giving false evidence.

7.—Any person who, upon any examination upon oath or affirmation before an arbitrator or umpire or in any affidavit in proceedings before an arbitrator or umpire, wilfully and corruptly gives false evidence or wilfully and corruptly swears or affirms anything which is false, being convicted thereof, shall be liable to the penalties for wilful and corrupt perjury.

Repeals.

8.—(1) The enactments mentioned in column (2) of the Third Schedule to this Act are (except in relation to arbitrations under arbitration agreements commenced before the operative date) hereby repealed to the extent mentioned in column (3) of that Schedule.

(2) Any enactment or instrument referring to any enactment repealed by this Act shall be construed as referring to this Act.

PART II.

Arbitration Under Arbitration Agreements.

Authority of arbitrators and umpires to be irrevocable.

9.—The authority of the...

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