Arbitration Claims In The Technology And Construction Court

Arbitration Claims in the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]“Arbitration claims” are any application to the Technology and Construction Court under the Arbitration Act 1996 and any other claim concerned with an arbitration that is referred to in Civil Procedure Rules 62.2(1). Common examples of arbitration claims are challenges to an award on grounds of jurisdiction under section 67, challenges to an award for serious irregularity under section 68 or appeals on points of law under section 69 of the Arbitration Act 1996. Arbitration claims may be started in the Technology and Construction Court, as is provided for in paragraph 2.3 of the Practice Direction – Arbitration which supplements Civil Procedure Rules Part 62. In practice, arbitration claims arising out of or connected with a construction or engineering arbitration (or any other arbitration where the subject matter involved one or more of the categories of work set out in paragraph 1.3.1 above) should be started in the Technology and Construction Court. The only arbitration claims that must be started in the Commercial Court are those (increasingly rare) claims to which the old law (i.e. the pre-1996 Act provisions) apply: see Civil Procedure Rules 62.12. The Technology and Construction Court follows the practice and procedure for arbitration claims established by Civil Procedure Rules Part 62 and (broadly) the practice of the Commercial Court as summarised by Section O of the Admiralty and Commercial Court Guide. In the absence of any specific directions given by the court, the automatic directions set out in section 6 of the Practice Direction supplementing Civil Procedure Rules Part 62 govern the procedures to be followed in any arbitration claim from the date of service up to the substantive hearing.