# The ACAS Arbitration Scheme (England and Wales) Order 2001, Paragraph 94: Court determination of preliminary points


(1) Section 45 of the Arbitration Act 1996 shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modifications.
(2) In subsection (1)—
(a) for “Unless otherwise agreed by the parties, the court” substitute “The High Court or Central London County Court”;
(b) for “any question of law” substitute “any question (a) of EC law, or (b) concerning the application of the Human Rights Act 1998”;
(c) omit “An agreement to dispense with reasons for the tribunal’s award shall be considered an agreement to exclude the court’s jurisdiction under this section.”.
(3) In subsection (2)(b) omit sub-paragraph (i).
(4) Omit subsection (4).
(5) After subsection (6), insert—
“(7) In this section, “EC law” means—
(a) any enactment in the domestic legislation of England and Wales giving effect to rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties, and
(b) any such rights, powers, liabilities, obligations and restrictions which are not given effect by any such enactment.”

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Source: https://www.legislation.gov.uk/uksi/2001/1185/schedule/paragraph/94 (the official version)
Page: https://openlegislation.uk/acas-arbitration-scheme-england-and-wales-order-2001/schedule/paragraph-94
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.