Paragraph 26 I1

England, Wales and Scotland

Any agreement to submit a dispute to arbitration under the Scheme must satisfy the following requirements (an “Arbitration Agreement”):

(i)

the agreement of each party (which may be expressed in the same or in separate documents) must be in writing;

(ii)

the agreement must concern an existing dispute;

(iii)

the agreement must not seek to alter or vary any provision of the Scheme;

(iv)

the agreement must have been reached either:

(a)

where a conciliation officer has taken action under F1any of sections 18A to 18C of the Employment Tribunals Act 1996, or

(b)

through a F2settlement agreement, where the conditions regulating such agreements under the Employment Rights Act 1996 are satisfied; and

(v)

the agreement must be accompanied by a completed Waiver Form for each party. Parties applying for English/Welsh arbitrations should complete Appendix A; parties applying for Scottish arbitrations should complete Appendix B.

Annotations

Textual amendments

F1: Words in Sch. para. 26(iv)(a) substituted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 25
F2: Word in Sch. para. 26(iv)(b) substituted (30.8.2013) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2013 (S.I. 2013/1956), art. 1, Sch. para. 5

Commencement

I1: Sch. para. 26 in force at 6.4.2004, see art. 1(1)