Section 39A: Power to make award on summary basis

Arbitration Act 1996 · 1996 c. 23View on legislation.gov.uk

Part I: Arbitration pursuant to an arbitration agreement

Unless the parties otherwise agree, the arbitral tribunal may, on an application made by a party to the proceedings (upon notice to the other parties), make an award on a summary basis in relation to a claim, or a particular issue arising in a claim, if the tribunal considers that—

a party has no real prospect of succeeding on the claim or issue, or
a party has no real prospect of succeeding in the defence of the claim or issue.

For the purposes of subsection (1), an arbitral tribunal makes an award "on a summary basis" in relation to a claim or issue if the tribunal has exercised its power under section 34(1) (to decide all procedural and evidential matters) with a view to expediting the proceedings on the claim or issue.

Before exercising its power under section 34(1) as mentioned in subsection (2), an arbitral tribunal must afford the parties a reasonable opportunity to make representations to the tribunal.

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