Rule 62.16 Service out of the jurisdictionF1

(1)

Subject to paragraph (2)—

(a)

any arbitration claim form in an arbitration claim under the 1950 Act or the 1979 Act; or

(b)

any order made in such a claim,

may be served out of the jurisdiction with the permission of the court if the arbitration to which the claim relates—

(i)

is governed by the law of England and Wales; or

(ii)

has been, is being, or will be, held within the jurisdiction.

(2)

An arbitration claim form seeking permission to enforce an award may be served out of the jurisdiction with the permission of the court whether or not the arbitration is governed by the law of England and Wales.

(3)

An application for permission to serve an arbitration claim form out of the jurisdiction must be supported by written evidence—

(a)

stating the grounds on which the application is made; and

(b)

showing in what place or country the person to be served is, or probably may be found.

(4)

Rules F26.40 to 6.46 apply to the service of an arbitration claim form under paragraph (1).

(5)

An order giving permission to serve an arbitration claim form out of the jursidiction must specify the period within which the defendant may file an acknowledgment of service.

Annotations

Textual amendments

F1: Pt. 62 inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rule 1(c), Sch. 6
F2: Words in rule 62.16(4) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 34(b)

Notes on Part 62

Textual amendments

F2: Words in Pt. 62 Table of Contents inserted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 19(1)