Arbitration Court Procedure

Arbitration Applications to Court

Where an arbitration has been commenced, any application by a party to arbitration concerning or affecting the arbitration is to be entitled In the matter of the arbitration to which it relates and the matter of the Arbitration Act, 2010.  Any originating notice of motion in respect of such application shall name as the respondent the other parties to the reference.

In the case of an any application to determine a challenge to the arbitrator, to  decide on the termination of his  mandate or to determine that the arbitrator  does not have jurisdiction pursuant to the model law and in any other case where the court directs notice of application shall be given to the arbitrator tribunal which shall not be a party to the proceedings.

When no arbitration is commenced, the application by a person concerning or affecting an intended arbitration shall be entitled in the manner of an intended arbitration in the matter of the Arbitration Act, 2010.  Any originating motion in respect of such application shall name as respondent the intended other parties to the reference.

Originating Motion

Subject to for the rules below an application or request to  the court for any of the following orders or reliefs by a party to a reference under an arbitration agreement under Model Law under the Arbitration Act 2010 in relation to arbitration or by any person in relation to intended arbitration may be made by originating notice of motion.

• for any interim manager of protection in relation to arbitration or intended arbitration;
• to appoint an arbitrator;
• to take necessary measures in the event of a failure to act, an inability to reach agreement or failure to perform a function under the appointment procedure agreed upon by parties
• to decide on a  challenge to the arbitrator
• to decide and the termination of the mandate of the arbitrator;
• to decide an application that the arbitration tribunal does not have jurisdiction;
• to recognise and enforce an interim measure issued by the arbitration tribunal;
• to issue an interim measure in relation to arbitration proceedings;
• to make certain orders;
• for leave of the court to enforce or enter judgement in respect of an award;
• to enforce an award;
• to enforce obligations and imposed by an award;
• for any other relief made in pursuance of the act by which provision is not otherwise made.

Where an order has been made by the court in proceedings begun by notice of motion above, any application for further order or relief mentioned above by any party to the same reference or arbitration shall be made by notice of motion in the proceedings commenced by the originating motion above.  In such case, Rules of the Superior Courts relating to originating motions on notice apply to that notice.

Interim Measures

Notwithstanding the above, the court may permit an application in respect of an interim measure or protection or relief on an ex parte unilateral apparition. An order on application ex parte shall be made subject to such terms and subject to such undertakings as the court may think just.  Any party affected by the order may within 28 days of receipt of notice apply by motion on notice vary the order.

An originating notice of motion or originating motion in any application requesting the Court to grant any interim measure of protection in accordance or to issue an interim measure shall specify the particular orders which the Court is requested to make.

Procedure

Every originating notice of motion issued 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 the Arbitration Act.

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.

Copies of the originating notice of motion and of the grounding affidavit and of any exhibits thereto shall be served upon each respondent and, where required or directed shall be delivered to the arbitral tribunal, not later than fourteen days before the date fixed for the hearing of the said motion.

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.

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.

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.

Leave to give Award effect of Judgment

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

The Court, on the application of any of the parties or of its own motion, may at any time make an order to give effect to the arbitration award with the same status and a judgement. Where such an order is made, the Court may make such consequential, further or other orders or give such directions as the Court considers will facilitate the effective use of that process.

An application by a party for an order shall be made by motion to the Court on notice to the opposing party or parties, and shall, unless the Court otherwise orders, be grounded upon an affidavit sworn by or on behalf of the moving party. Save where the Court for a special reason to be recited in the Court’s order allows, an application for an order shall not be made later than 28 days before the date on which the proceedings are first listed for hearing.