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O.10 Starting an arbitration claim

O10.1 Subject to section O10.2 an arbitration claim must be started by the issue of an arbitration claim form in accordance with the Part 8 procedure: rule 62.13(1).

O10.2 The claim form must be substantially in the form set out in Appendix A to PD62 § 2.2.

O10.3 An application to stay proceedings on the grounds of an arbitration agreement must be made by application notice in the proceedings: rule 62.13(2).

O. Arbitration

O.11 The arbitration claim form

O11.1 An arbitration claim form must state the grounds of the claim or appeal: rule 62.15(5)(a).

O11.2 Reference in the arbitration claim form to the witness statement or affidavit filed in support of the claim is not sufficient to comply with the requirements of rule 62.15(5)(a).

O.12 Service of the arbitration claim form

O12.1 An arbitration claim form issued in the Admiralty & Commercial Registry must be served by the claimant.

O12.2 The rules governing service of the claim form are set out in Part 6 of the Civil Procedure Rules.

O12.3 (a) An arbitration claim form may be served out of the jurisdiction with the permission of the court: rule 62.16(1).

(b) Rules 6.40– 6.46 apply to the service of an arbitration claim form out of the jurisdiction: rule 62.16(4).

O12.4 Although not expressly covered by PD62, the court may in an appropriate case exercise its powers under rule 6.15 and/or 6.37(5) to permit service of an arbitration claim form on a party at the address of the solicitor or other representative acting for him in the arbitration.

O12.5 The claimant must file a certificate of service within 7 days of serving the claim form.

O.13 Acknowledgment of service

O13.1 (a) A defendant must file an acknowledgment of service in every case: rule 58.6(1). (b) An adapted version of practice form N210 (acknowledgment of service of a Part 8

claim form) has been approved for use in the Commercial Court.

O13.2 The time for filing an acknowledgment of service is calculated from the service of the arbitration claim form.

O.14 Standard directions

O14.1 Where the claim or appeal is based on written evidence, a copy of that evidence must be served with the arbitration claim form: rule 62.15(5)(b).

O14.2 Where the claim or appeal is made with the consent of the arbitrator or umpire or other parties, a copy of every written consent must be served with the arbitration claim form: rule 62.15(5)(c).

O14.3 An application for directions in a pending arbitration claim should be made by application notice under Part 23.

O.15 Interim remedies

O15.1 An application for an interim remedy under section 12(6) of the 1950 Act must be made in accordance with Part 25.

O. Arbitration

O15.3 A claim under section 12(4) of the 1950 Act for an order for the issue of a witness

summons to compel the attendance of a witness before an arbitrator or umpire where the attendance of the witness is required within the district of a District Registry may be started in that Registry: rule 62.14.

O.16 Challenging the award

Challenge by way of appeal

O16.1 A party wishing to appeal against the award of an arbitrator or umpire must file and serve with the arbitration claim form a statement of the grounds for the appeal, specifying the relevant part(s) of the award and reasons: rule 62.15(6).

O16.2 A party seeking permission to appeal must also file and serve with the arbitration claim form any written evidence in support of the contention that the question of law concerns a term of the contract or an event which is not “one of”: rule 62.15(6).

O16.3 Any written evidence in reply must be filed and served not less than 2 days before the hearing of the application for permission to appeal: rule 62.15(7).

O16.4 A party who wishes to contend that the award should be upheld for reasons other than those set out in the award and reasons must file and serve on the claimant a notice specifying the grounds of his contention not less than 2 days before the hearing of the application for permission to appeal: rule 62.15(8).

O16.5 Applications for permission to appeal will be heard orally, but will not normally be listed for longer than half an hour. Skeleton arguments should be lodged.

Claims to set aside or remit the award

O16.6 A claim to set aside or remit an award on the grounds of misconduct should not be regarded as an alternative to, or a means of supporting, an application for permission to appeal.

O16.7 The directions set out in PD62 § § 6.2–6.7 should be followed unless the court orders otherwise.

Multiple claims

O16.8 If the arbitration claim form includes both an appeal and an application to set aside or remit the award, the applications should be set out in separate sections of the arbitration claim form and the grounds on which they are made separately identified.

O16.9 The court may direct that one application be heard before the other or may direct that they be heard together, as may be appropriate. It is usually more appropriate to dispose of the application to set aside or remit the award before considering the application for

permission to appeal.

O.17 Time limits

O17.1 (a) Time limits governing claims under the 1950 and 1979 Acts are set out in rule 62.15. (b) Different time limits apply to different claims. It is important to consult rule 62.15 to

ensure that applications are made within the time prescribed.

(c) The court has power under rule 3.1(2) to vary the time limits prescribed by rule 62.15, but will require cogent reasons for doing so.

O. Arbitration

O.18 Provisions applicable to all arbitrations

Enforcement of awards

O18.1 All applications for permission to enforce awards are governed by Section III of Part 62, rule 62.17.

O18.2 An application for permission to enforce an award in the same manner as a judgment may be made without notice, but the court may direct that the arbitration claim form be served, in which case the application will continue as an arbitration claim in accordance with the procedure set out in Section I: rule 62.18(1)–(3).

O18.3 An application for permission to enforce an award in the same manner as a judgment must be supported written evidence in accordance with rule 62.18(6).

O18.4 (a) Two copies of the draft order must accompany the application.

(b) If the claimant wishes to enter judgment, the form of the judgment must correspond to the terms of the award.

(c) The defendant has the right to apply to the court to set aside an order made without notice giving permission to enforce the award and the order itself must state in terms (i) that the defendant may apply to set it aside within 14 days after service of the

order or, if the order is to be served out of the jurisdiction, within such other period as the court may set; and

(ii) that it may not be enforced until after the end of that period or any application by the defendant to set it aside has been finally disposed of: rule 62.18(9) and (10).