Arbitration Applications

Other applications and Enforcement in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]All other arbitration claims, and any other matter arising in an appeal or an application concerning alleged serious irregularity, will be dealt with by the Technology and Construction Court in the same manner as is provided for in Civil Procedure Rules Part 62, Practice Direction – Arbitration and Section O of The Admiralty and Commercial Courts Guide. All applications for permission to enforce arbitration awards are governed by Section III of Part 62 (rules 62.17- 62.19). An application for permission to enforce an award in the same manner as a judgment or order of the Technology and Construction Court may be made in an arbitration claim form without notice and must be supported by written evidence in accordance with Civil Procedure Rules 62.18(6). Two copies of the draft order must accompany the application, and the form of the order sought must correspond to the terms of the award. An order made without notice giving permission to enforce the award: • must give the defendant 14 days after service of the order (or longer, if the order is to be served outside the jurisdiction) to apply to set it aside; • must state that it may not be enforced until after the expiry of the 14 days (or any longer period specified) or until any application to set aside the order has been finally disposed of: Civil Procedure Rules 62.18(9) and (10). On considering an application to enforce without notice, the judge may direct that, instead, the arbitration claim form must be served on specified parties, with the result that the application will then continue as an arbitration claim in accordance with the procedure set out in Section I of Part 62: see Civil Procedure Rules 62.18(1)-(3).