Выступление Постоянного представителя Российской Федерации А.К.Лукашевича - К докладу главы Миссии ОБСЕ в Черногории

The Arbitration Act 1996 is amended as follows.

After section 6 insert—

In section 2 (scope of application of provisions), in subsection (2) after the opening words insert—.

The Arbitration Act 1996 is amended as follows.

After section 23 insert—

section 23A (impartiality: duty of disclosure);

The Arbitration Act 1996 is amended as follows.

In section 24 (power of court to remove arbitrator), after subsection (5) insert—

In section 29(1) (general immunity of arbitrator), at the end insert “(and see section 24(5A) (immunity in respect of costs of proceedings for removal))”.

The Arbitration Act 1996 is amended as follows.

In section 25 (resignation of arbitrator)—

In section 29 (immunity of arbitrator)—

In the following provisions, for “25(3)(b)” substitute “25(3)”—

Section 61 of the Arbitration Act 1996 (award of costs) is amended as follows.

In subsection (1), omit “, subject to any agreement of the parties”.

After subsection (1) insert—

In subsection (2), omit “Unless the parties otherwise agree,”.

After subsection (2) insert—

The Arbitration Act 1996 is amended as follows.

After section 41 insert—

In section 41(7) (peremptory orders of tribunal), in the opening words—

In section 42 (enforcement of peremptory orders of tribunal)—

In section 44 (court powers exercisable in support of arbitral proceedings)—

In section 82(1) (minor definitions)—

emergency arbitrator section 82(1) (and see section 41A(1))

Section 44 of the Arbitration Act 1996 (court powers exercisable in support of arbitral proceedings) is amended as follows.

In subsection (1), after “making orders” insert “(whether in relation to a party or any other person)”.

For subsection (7) substitute—

Section 67 of the Arbitration Act 1996 (challenging the award: substantive jurisdiction) is amended as follows.

In subsection (1), for paragraph (b) substitute—

For subsection (3) substitute—

Section 70 of the Arbitration Act 1996 (challenge or appeal: supplementary provisions) is amended as follows.

In subsection (3), for the words from “the date of the award” to the end substitute “the applicable date”.

After subsection (3) insert—

At the end insert—

In section 18(1) of the Senior Courts Act 1981 (restrictions on appeals to Court of Appeal), for paragraph (g) substitute—.

In section 35(2) of the Judicature (Northern Ireland) Act 1978 (appeals to Court of Appeal from High Court), for paragraph (fa) substitute—.

In Schedule 3 to the Arbitration Act 1996 (consequential amendments), omit paragraphs 34(2) and 37(2).

The Arbitration Act 1996 is amended as follows.

In section 32 (determination by court of preliminary point of jurisdiction)—

In section 45 (determination by court of preliminary point of law)—

Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.

This section and sections 17 and 18 extend to England and Wales and to Northern Ireland.

This section and sections 16 and 18 come into force on the day on which this Act is passed.

The rest of this Act comes into force on such day as the Secretary of State may by regulations appoint.

The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

Subject to any transitional or saving provision made under subsection (3), an amendment made by sections 1 to 14—

A power to make regulations under this section includes power to make different provision for different purposes.

Regulations under this section are to be made by statutory instrument.

In this section “arbitration agreement” means an arbitration agreement within the meaning of section 6 of the Arbitration Act 1996 to which Part 1 of that Act applies (see section 5 of that Act).