Paragraph 6 Arbitrator’s powers

(1)

The arbitrator has all the powers of the Arbitration Act 1996^f1, save where modified in this Schedule.

(2)

There must be no discovery or disclosure except as may be ordered by the arbitrator under sub-paragraph (3).

(3)

The arbitrator may order the parties to produce such documents as are reasonably requested, either by another party no later than the statement of reply, or by the arbitrator, where—

(a)

in the opinion of the arbitrator the documents are manifestly relevant to the legal issues between the parties;

(b)

the documents requested have been specifically identified; and

(c)

the arbitrator is satisfied that the burden of production is not excessive.

(4)

Any application and orders made under sub-paragraph (3) should be made by way of a Redfern Schedule without any hearing.

(5)

Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales or procedure—

(a)

if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then; and

(b)

only for such a period that is necessary to achieve fairness between the parties.

(6)

On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Annotations

Footnotes

f1: 1996 c. 23.