{
  "url": "https://openlegislation.uk/high-court-and-county-courts-allocation-of-arbitration-proceedings-order-1996/article-5",
  "json_url": "https://openlegislation.uk/high-court-and-county-courts-allocation-of-arbitration-proceedings-order-1996/article-5.json",
  "legislation": "uksi/1996/3215",
  "legislation_title": "The High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996",
  "legislation_url": "https://openlegislation.uk/high-court-and-county-courts-allocation-of-arbitration-proceedings-order-1996",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": null,
  "text": "(1) Proceedings under the Act may be commenced and taken in the Central London County Court Business List.\n(2) Where, in exercise of the powers conferred by sections 41 and 42 of the County Courts Act 1984 the High Court or the judge in charge of the Central London County Court Business List orders the transfer of proceedings under the Act which were commenced in the Central London County Court Business List to the High Court, those proceedings shall be taken in the High Court.\n(3) Where, in exercise of its powers under section 40(2) of the County Courts Act 1984 the High Court orders the transfer of proceedings under the Act which were commenced in the High Court to the Central London County Court Business List, those proceedings shall be taken in the Central London County Court Business List.\n(4) In exercising the powers referred to in paragraphs (2) and (3) regard shall be had to the following criteria—\n(a) the financial substance of the dispute referred to arbitration, including the value of any claim or counterclaim;\n(b) the nature of the dispute referred to arbitration (for example, whether it arises out of a commercial or business transaction or relates to engineering, building or other construction work);\n(c) whether the proceedings are otherwise important and, in particular, whether they raise questions of importance to persons who are not parties, and\n(d) the balance of convenience points to having the proceedings taken in the Central London County Court Business List,\nand, where the financial substance of the dispute exceeds £200,000, the proceedings shall be taken in the High Court unless the proceedings do not raise questions of general importance to persons who are not parties.\n(5) In this article—\n“the Central London County Court Business List” means the business list established at the Central London County Court by Order 48C of the County Court Rules 1981;\n“value” shall be construed in accordance with articles 9 and 10 of the High Court and County Courts Jurisdiction Order 1991.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1984 c. 28; Sections 41 and 42 were substituted by the Courts and Legal Services Act 1990 (c. 41), section 2(2) and (3) and section 41 was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), Schedule 1 paragraph 3."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1984 c. 28; section 40 was substituted by the Courts and Legal Services Act 1990 (c. 41), section 2(1)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1981/1687; the relevant amending instruments are S.I. 1994/1288 and 1996/3215."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.I. 1991/724."
    }
  ],
  "outstanding_effects": [
    {
      "type": "amended",
      "affecting": "uksi/1999/1010",
      "affecting_title": "The High Court and County Courts (Allocation of Arbitration Proceedings) (Amendment) Order 1999"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2002/439",
      "affecting_title": "The Civil Procedure (Modification of Enactments) Order 2002"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2002/439",
      "affecting_title": "The Civil Procedure (Modification of Enactments) Order 2002"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/3215/article/5",
    "retrieved_at": "2026-10-29T12:28:53.113914+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."
}