S.I. No. 109/2006 - Rules of the Superior Courts (Arbitration) 2006

S.I. No.109 of 2006

Rules of the Superior Courts (Arbitration) 2006

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, and the Courts of Justice Act 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), and the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 9^th day of February, 2006.

John L Murray	Tony Hunt
Joseph Finnegan	Patrick Groarke
Richard Johnson	Matthew Feely
Lyndon McCann	Noel Rubotham

I concur in the making of the following Rules of Court.

Dated this 3^rd day of March, 2006.

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No.109 of 2006

Rules of the Superior Courts (Arbitration) 2006

1. The Rules of the Superior Courts are hereby amended:

(i) by the insertion in rule 1 of Order 11, immediately following paragraph (q), of the following:

“(s) relief is sought within the jurisdiction in connection with an international commercial arbitration (within the meaning of section 3(1) of the Arbitration (International Commercial) Act 1998 ), regardless of the place of arbitration.”;

(ii) by the insertion in rule 4 of Order 56, immediately following paragraph (f), of the following:

“or

(g) to enforce an award (within the meaning of Part III of the Arbitration Act 1980 ) in pursuance of section 7 of the Arbitration Act 1980 , or

(h) to enforce the pecuniary obligations imposed by an award (within the meaning of Part IV of the Arbitration Act 1980 ) in pursuance of section 16 of the Arbitration Act 1980 ,”

(iii) by the substitution for the final paragraph of rule 4 of Order 56, of the following:

“may be made by originating notice of motion, to which the other party or parties to the reference (and, in the case of an application under paragraph (b) or paragraph (d), the arbitrator or umpire) shall be respondents. An application to remit or set aside an award shall be made within six weeks after the award has been made and published to the parties, or within such further time as may be allowed by the Court.”

(iv) by the insertion immediately following Order 56 of the following:

“Order 56A

Arbitration (International Commercial) Act 1998

1.(1) In this Order:

“the Act” means the Arbitration (International Commercial) Act 1998 ;

an “arbitration agreement” has the same meaning as in the Act;

“the 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), the text in the English language of which is set out in the Schedule to the Act.

(2) Unless the context otherwise admits or requires, words and phrases in this Order have the same meanings as in the Act.

2.(1) Where an international commercial arbitration has been commenced, any application pursuant to this Order by a party to such international commercial arbitration concerning or affecting such international commercial arbitration shall be entitled in the matter of the arbitration to which it relates and in the matter of the Act. Any notice of motion in respect of any such application shall name as respondent the other party or parties to the reference. In the case of any application described in paragraph (c), (d) or (h) of sub-rule (1) of rule 3 of this Order, and in any other case where the Court so directs, such motion shall be made on notice to the arbitral tribunal.

(2) Where no international commercial arbitration has been commenced, any application pursuant to this Order by a person concerning or affecting an intended international commercial arbitration shall be entitled in the matter of an intended international commercial arbitration and in the matter of the Act. Any notice of motion in respect of any such application shall name as respondent the intended other party or parties to the reference.

3.(1) Any application to the Court for any of the following orders or reliefs by any party to a reference under an arbitration agreement in relation to an international commercial arbitration, or by any person in relation to an intended international commercial arbitration, may be made by originating notice of motion:

(a) to appoint an arbitrator pursuant to Article 11(3)(a) or 11(3)(b) of the Model Law; or

(b) to take the measures necessary pursuant to Article 11(4) of the Model Law in the event of a failure to act, an inability to reach agreement or a failure to perform a function; or

(d) to decide on the termination of the mandate of an arbitrator pursuant to Article 14(1) of the Model Law; or

(e) to decide on a plea that the arbitral tribunal does not have jurisdiction pursuant to Article 16(3) of the Model Law; or

(f) to set aside an award in accordance with Article 34 of the Model Law; or

(g) to determine the recoverable costs as between the parties to an international commercial arbitration pursuant to section 11(7) of the Act; or

(h) for an order for the review and adjustment of the arbitral tribunal's fees and expenses pursuant to section 11(9) of the Act; or

(i) for the leave of the Court to enforce or to enter judgment in respect of an award pursuant to section 14(1) of the Act, or

(j) for any other relief under or in pursuance of the Act, for which provision is not otherwise made in this Order.

(2) Save where the Court otherwise directs or permits, an application under section 6(3) of the Act to the Court to make any order described in paragraphs (c), (f) or (j) of section 7(1) of the Act in relation to an international commercial arbitration or an intended international commercial arbitration shall be by originating notice of motion.

(3) An application under section 6(3) of the Act to the Court to make any order described in section 7(1) of the Act, other than an order referred to in sub-rule (2), in relation to an international commercial arbitration or an intended international commercial arbitration may be made by motion ex parte.

(4) An order on an application ex parte made under sub-rule (3) or on an application ex parte permitted to be made in a case referred to in sub-rule (2) may be made subject to such terms as to costs or otherwise and subject to such undertaking, if any, as the Court may think just; and any party affected by such order may, within twenty eight of days of receipt of notice of the making of such order, move to set it aside.

4.(1) Subject to sub-rule (2), every originating notice of motion issued pursuant to this Order shall be returnable before, and shall be heard and determined by, the President of the High Court or a Judge of the High Court for the time being nominated by the President to perform the functions of the High Court referred to in section 6(2) of the Act.

(2) An originating notice of motion seeking relief only under paragraph (f) of sub-rule (1) of rule 3 of this Order may be heard and determined by any Judge of the High Court.

5.(1) Subject, in the case of any proceedings which have been entered in the Commercial List, to the provisions of Order 63A of these Rules and of any order made or direction given by the Court under that Order, the procedure specified in this rule shall apply to proceedings by originating notice of motion in accordance with this Order.

(2) Every originating notice of motion shall be grounded upon an affidavit sworn by or on behalf of the moving party. Each such grounding affidavit shall set out the basis upon which the moving party alleges that the Court has jurisdiction to grant the relief sought in the notice of motion.

(3) The originating notice of motion and a copy of the grounding affidavit and of any exhibits thereto shall be served upon each respondent not later than fourteen days before the date fixed for the hearing of the said motion.

(4) Any respondent may deliver a replying affidavit. Any such replying affidavit shall be filed in the Central Office and a copy served upon the applicant and upon every other respondent within seven days of the service by the applicant of the originating notice of motion and the applicant's grounding affidavit upon the said respondent.

(5) Any replying affidavit shall set out concisely the grounds relied upon by the respondent to resist the applicant's claim for the reliefs set out in the originating notice of motion as against such respondent.

(6) The applicant shall be at liberty to file a further affidavit replying to any matter raised by a respondent in a replying affidavit, which further affidavit shall be filed in the Central Office and a copy delivered to each respondent within seven days after the service upon the applicant of the respondent's replying affidavit.

(7) An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the originating notice of motion, grounding affidavit and exhibits (if any) shall be filed before the motion is heard. If any person who ought under this Order to have been served has not been so served, the affidavit shall state that fact and the reason for it.

6. Save where the Court otherwise directs, every application under this Order shall be heard and determined on affidavit.”

2. These rules shall come into operation on the 31^st day of March 2006.

3. These rules shall be construed together with the Rules of the Superior Courts 1986 to 2006 and may be cited as the Rules of the Superior Courts (Arbitration) 2006.

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules amend the Rules of the Superior Courts to accommodate new Model Law on international commercial arbitrations - the Arbitration (International Commercial) Act 1998 relates.