Modifications To The Arbitration Act 1996 For Judge-arbitrators

Modifications to the Arbitration Act 1996 for judge-arbitrators in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]As section 93 envisages that appointments of judge-arbitrators will be in arbitrations where the seat of the arbitration is in England and Wales, Schedule 2 of the Arbitration Act 1996 modifies the provisions of the Act which apply to arbitrations where the seat is in England and Wales. In relation to arbitrations before judge-arbitrators, paragraph 2 of Schedule 2 to the Arbitration Act 1996 provides that references in Part I of the Arbitration Act 1996 to “the court” shall be construed in relation to a judge-arbitrator, or in relation to the appointment of a judge- arbitrator, as references to “the Court of Appeal”. This means that, for instance, any appeal from a judge-arbitrator under section 69 of the Arbitration Act 1996 is therefore heard, in the first instance, by the Technology and Construction Court of Appeal.