Arbitration Act, 2010

JurisdictionIreland
CitationIR No. 1/2010


Number 1 of 2010


ARBITRATION ACT 2010


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Application of Act.

4. Repeals and effect of repeals.

5. Expenses.

PART 2

Arbitration

6. Adoption of Model Law.

7. Commencement of arbitral proceedings.

8. Construction of Model Law and construction of arbitration clauses.

9. Functions of High Court.

10. Court powers exercisable in support of arbitral proceedings.

11. Determination of court to be final.

12. Time limits for setting aside awards on grounds of public policy.

13. Default number of arbitrators.

14. Examination of witnesses.

15. Taking evidence in State in aid of foreign arbitration.

16. Consolidation of and concurrent arbitrations.

17. Reference of interpleader to arbitration.

18. Interest.

19. Security for costs.

20. Specific performance.

21. Recoverability of costs, fees and expenses of tribunal.

22. Restriction on liability of arbitrators, etc.

23. Effect of award.

24. New York Convention, Geneva Convention and Geneva Protocol.

25. Non-application of provisions of Act to Washington Convention, save in certain circumstances.

26. Survival of agreement and authority of arbitral tribunal in event of death.

27. Provisions in event of bankruptcy.

28. Full applicability to State parties.

29. Application of Act to arbitrations under other Acts.

30. Exclusion of certain arbitrations.

31. Arbitration agreements and small claims, etc.

PART 3

Reference to Arbitration Where Proceedings Pending Before Court

32. Power of High Court and Circuit Court to adjourn proceedings to facilitate arbitration.

SCHEDULE 1

TEXT OF UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION

SCHEDULE 2

TEXT OF 1958 CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

SCHEDULE 3

TEXT OF 1965 CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES

SCHEDULE 4

TEXT OF 1927 CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS

SCHEDULE 5

TEXT OF 1923 PROTOCOL ON ARBITRATION CLAUSES

SCHEDULE 6

CONSEQUENTIAL AMENDMENTS TO OTHER ACTS


Acts Referred to

Arbitration Act 1954

1954, No. 26

Arbitration Acts 1954 to 1998

Copyright and Related Rights Act 2000

2000, No. 28

Industrial Relations Act 1946

1946, No. 26

Landlord and Tenant (Ground Rents) Act 1967

1967, No. 3

Legal Practitioners (Ireland) Act 1876

39 & 40 Vict., c. 44

Merchant Shipping Act 1894

57 & 58 Vict., c. 60

Patents Act 1992

1992, No. 1

Property Values (Arbitration and Appeals) Act 1960

1960, No. 45

Statute of Limitations 1957

1957, No. 6


Number 1 of 2010


ARBITRATION ACT 2010


AN ACT TO FURTHER AND BETTER FACILITATE RESOLUTION OF DISPUTES BY ARBITRATION; TO GIVE THE FORCE OF LAW TO THE UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION (AS AMENDED BY THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW ON 7 JULY 2006) IN RESPECT OF BOTH INTERNATIONAL ARBITRATION AND OTHER ARBITRATION; TO GIVE THE FORCE OF LAW TO THE PROTOCOL ON ARBITRATION CLAUSES OPENED AT GENEVA ON THE 24TH DAY OF SEPTEMBER 1923, THE CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS DONE AT GENEVA ON THE 26TH DAY OF SEPTEMBER 1927, THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS DONE AT NEW YORK ON 10 JUNE 1958 AND TO THE CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES OPENED FOR SIGNATURE IN WASHINGTON ON 18 MARCH 1965; TO REPEAL THE ARBITRATION ACTS 1954 TO 1998; AND TO PROVIDE FOR RELATED MATTERS.

[8th March, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

Short title and commencement.

1.— (1) This Act may be cited as the Arbitration Act 2010.

(2) This Act shall come into operation 3 months after its passing.

Interpretation.

2.— (1) In this Act:

“arbitration” means—

(a) an international commercial arbitration, or

(b) an arbitration which is not an international commercial arbitration;

“arbitration agreement” shall be construed in accordance with Option 1 of Article 7;

“award” includes a partial award;

“consumer” means a natural person, whether in the State or not, who is acting for purposes outside the person’s trade, business or profession;

“Geneva Convention” means the Convention on the Execution of Foreign Arbitral Awards done at Geneva on the 26th day of September, 1927, the text of which is set out in Schedule 4 ;

“Geneva Protocol” means the Protocol on Arbitration Clauses opened at Geneva on the 24th day of September, 1923, the text of which is set out in Schedule 5 ;

“Minister” means the Minister for Justice, Equality and Law Reform;

“ Model Law ” means the UNCITRAL Model Law on International Commercial Arbitration (as adopted by the United Nations Commission on International Trade Law on 21 June 1985, with amendments as adopted by that Commission at its thirty-ninth session on 7 July 2006), the text of which is set out in Schedule 1 ;

“New York Convention” means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958, the text of which is set out in Schedule 2 ;

“State authority” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) the Irish Land Commission,

(d) the Revenue Commissioners,

(e) a body established by or under any enactment, andfinanced wholly or partly, whether directly or indirectly, by moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of any Minister of the Government;

“Washington Convention” means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States opened for signature in Washington on 18 March 1965, the text of which is set out in Schedule 3 .

(2) In this Act—

(a) a word or expression that is used in this Act and that is also used in the Model Law has, unless the context otherwise requires, the same meaning in this Act as it has in the Model Law, and

(b) a reference to an Article is a reference to an Article of the Model Law.

Application of Act.

3.— (1) This Act shall not apply to an arbitration under an arbitration agreement concerning an arbitration which has commenced before the operative date but shall apply to an arbitration commenced on or after the operative date.

(2) In this section, “operative date” means the date on which this Act comes into operation pursuant to section 1 .

Repeals and effect of repeals.

4.— (1) Subject to subsection (2), the Arbitration Acts 1954 to 1998 are repealed.

(2) Subject to section 3 , the repeal of the Acts referred to in subsection (1) shall not prejudice or affect any proceedings, whether or not pending at the time of the repeal, in respect of any right, privilege, obligation or liability and any proceedings taken under those Acts in respect of any such right, privilege, obligation or liability acquired, accrued or incurred under the Acts may be instituted, continued or enforced as if the Acts concerned had not been repealed.

(3) In this section “proceedings” includes arbitral proceedings and civil or criminal proceedings.

Expenses.

5.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Arbitration

Adoption of Model Law.

6.— Subject to this Act, the Model Law shall have the force of law in the State and shall apply to arbitrations under arbitration agreements concerning—

(a) international commercial arbitrations, or

(b) arbitrations which are not international commercial arbitrations.

Commencement of arbitral proceedings.

7.— (1) For the purposes of this Act and for the purposes of section 496 of the Merchant Shipping Act 1894 (as amended by section 29 ) arbitral proceedings shall be deemed to be commenced on—

(a) the date on which the parties to an arbitration agreement so provide as being the commencement date for the purposes of the commencement of arbitral proceedings under the agreement, or

(b) where no provision has been made by the parties as to commencement of proceedings as referred to in paragraph (a), the date on which a written communication containing a request for the dispute to be referred to arbitration is received by the respondent.

(2) The Statute of Limitations 1957 is amended by substituting the following section for section 74:

“74.— (1) For the purposes of this Act and for the purposes of any other limitation enactment, arbitral proceedings shall be deemed to be commenced on—

(a) the date on which the parties to an arbitration agreement so provide as being the commencement date for the purposes of the commencement of arbitral proceedings under the agreement, or

(b) where no provision has been made by the parties as to commencement as referred to in paragraph (a), the date on which a written communication containing a request for the dispute to be referred to arbitration is received by the respondent.

(2) For the purposes of subsection (1)(b), unless the parties otherwise agree, a written communication is deemed to have been received if it is served or given to the respondent in one or more of the following ways:

(a) by delivering it to the respondent personally;

(b) by delivering it to the respondent’s place of business, habitual residence or postal address;

(c) where none of the addresses referred to in paragraph (b) can be found after making reasonable inquiry, by sending it by pre-paid...

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