{
  "url": "https://openlegislation.uk/arbitration-act-1996/section-39A",
  "json_url": "https://openlegislation.uk/arbitration-act-1996/section-39A.json",
  "legislation": "ukpga/1996/23",
  "legislation_title": "Arbitration Act 1996",
  "legislation_url": "https://openlegislation.uk/arbitration-act-1996",
  "path": "section/39A",
  "kind": "section",
  "number": "39A",
  "heading": "Power to make award on summary basis",
  "text": "(1) 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—\n(a) a party has no real prospect of succeeding on the claim or issue, or\n(b) a party has no real prospect of succeeding in the defence of the claim or issue.\n(2) 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.\n(3) 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 39A inserted (1.8.2025) by Arbitration Act 2025 (c. 4), ss. 7, 17(2); S.I. 2025/905, reg. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1996/23/section/39A",
    "retrieved_at": "2026-10-29T09:32:08.783387+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}