# Arbitration Act 1996, Section 39A: Power to make award on summary basis


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

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Source: https://www.legislation.gov.uk/ukpga/1996/23/section/39A (the official version)
Page: https://openlegislation.uk/arbitration-act-1996/section-39A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.