Arbitration Act 2010

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Number 1 of 2010

ARBITRATION ACT 2010

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Application of Act.

4. Repeals and effect of repeals.

5. Expenses.

PART 2

Arbitration

6. Adoption of Model Law.

7. Commencement of arbitral proceedings.

8. Construction of Model Law and construction of arbitration clauses.

9. Functions of High Court.

10. Court powers exercisable in support of arbitral proceedings.

11. Determination of court to be final.

12. Time limits for setting aside awards on grounds of public policy.

13. Default number of arbitrators.

14. Examination of witnesses.

15. Taking evidence in State in aid of foreign arbitration.

16. Consolidation of and concurrent arbitrations.

17. Reference of interpleader to arbitration.

18. Interest.

19. Security for costs.

20. Specific performance.

21. Recoverability of costs, fees and expenses of tribunal.

22. Restriction on liability of arbitrators, etc.

23. Effect of award.

24. New York Convention, Geneva Convention and Geneva Protocol.

25. Non-application of provisions of Act to Washington Convention, save in certain circumstances.

26. Survival of agreement and authority of arbitral tribunal in event of death.

27. Provisions in event of bankruptcy.

28. Full applicability to State parties.

29. Application of Act to arbitrations under other Acts.

30. Exclusion of certain arbitrations.

31. Arbitration agreements and small claims, etc.

PART 3

Reference to Arbitration Where Proceedings Pending Before Court

32. Power of High Court and Circuit Court to adjourn proceedings to facilitate arbitration.

SCHEDULE 1

TEXT OF UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION

SCHEDULE 2

TEXT OF 1958 CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

SCHEDULE 3

TEXT OF 1965 CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES

SCHEDULE 4

TEXT OF 1927 CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS

SCHEDULE 5

TEXT OF 1923 PROTOCOL ON ARBITRATION CLAUSES

SCHEDULE 6

CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

Acts Referred to

Number 1 of 2010

ARBITRATION ACT 2010

AN ACT TO FURTHER AND BETTER FACILITATE RESOLUTION OF DISPUTES BY ARBITRATION; TO GIVE THE FORCE OF LAW TO THE UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION (AS AMENDED BY THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW ON 7 JULY 2006) IN RESPECT OF BOTH INTERNATIONAL ARBITRATION AND OTHER ARBITRATION; TO GIVE THE FORCE OF LAW TO THE PROTOCOL ON ARBITRATION CLAUSES OPENED AT GENEVA ON THE 24TH DAY OF SEPTEMBER 1923, THE CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS DONE AT GENEVA ON THE 26TH DAY OF SEPTEMBER 1927, THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS DONE AT NEW YORK ON 10 JUNE 1958 AND TO THE CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES OPENED FOR SIGNATURE IN WASHINGTON ON 18 MARCH 1965; TO REPEAL THE ARBITRATION ACTS 1954 TO 1998; AND TO PROVIDE FOR RELATED MATTERS.

[8th March, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: