Section 77 Powers of court in relation to service of documents.C1C2C3C4C5C6
This section applies where service of a document on a person in the manner agreed by the parties, or in accordance with provisions of section 76 having effect in default of agreement, is not reasonably practicable.
Unless otherwise agreed by the parties, the court may make such order as it thinks fit—
for service in such manner as the court may direct, or
dispensing with service of the document.
Any party to the arbitration agreement may apply for an order, but only after exhausting any available arbitral process for resolving the matter.
The leave of the court is required for any appeal from a decision of the court under this section.
Annotations
Modifications
- C1
s. 77 applied (with modifications) (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 2, 3, Sch. para. 177(1)
- C2
S. 77 applied (with modifications) (E.W.) (6.4.2003) by The ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003 (S.I. 2003/694), art. 2, Sch. para. 128 (which amending S.I. was revoked (1.10.2004) by S.I. 2004/2333, art. 3 (subject to art. 8))
- C3
S. 77 applied (with modifications) (E.W.) (6.4.2004) by The ACAS Arbitration Scheme (Great Britain) Order 2004 (S.I. 2004/753), art. 1, Sch. para. 223EW
- C4
S. 77 applied (with modifications) (E.W.) (1.10.2004) by The ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004 (S.I. 2004/2333), art. 4, Sch. para. 174EW (with art. 6)
- C5
S. 77 applied (with modifications) (N.I.) (21.5.2006) by The Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006 (S.R. 2006/206), arts. 2, 3, Sch. Para. 128
- C6
S. 77 applied (with modifications) (N.I.) (27.9.2012) by The Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012 (S.R. 2012/301), art. 1, Sch. para. 123