OpenLegislation

Article 7

Original text. Later amendments are not shown.

Order 73, rule 5 shall be amended by adding at the end the following new paragraphs:

“(6)

Without prejudice to paragraph (5), in an appeal under section 1(2) of the Arbitration Act 1979f1 the statement of the grounds of the appeal shall specify the relevant parts of the award and reasons, and a copy of the award and reasons, or the relevant parts thereof, shall be lodged with the court and served with the notice of originating motion.

(7)

Without prejudice to paragraph (5), in an application for leave to appeal under section 1(2) of the Arbitration Act 1979, any affidavit verifying the facts in support of a contention that the question of law concerns a term of a contract or an event which is not a one-off term or event must be lodged with the court and served with the notice of originating motion.

(8)

Any affidavit in reply to an affidavit under paragraph (7) shall be lodged with the court and served on the applicant not less than two clear days before the hearing of the application.

(9)

A respondent to an application for leave to appeal under section 1(2) of the Arbitration Act 1979 who desires to contend that the award should be upheld on grounds not expressed or not fully expressed in the award and reasons shall not less than two clear days before the hearing of the application lodge with the court and serve on the applicant a notice specifying the grounds of his contention.”.

Annotations

Footnotes

f1

1979 c. 42.