Arbitration Act , 1954

PART I. Preliminary and General.

1 Short title and commencement.

1.—(1) This Act may be cited as the Arbitration Act, 1954.

(2) This Act (except subsection (2) of section 12 and Part V) shall come into operation on the 1st day of January, 1955.

(3) Subsection (2) of section 12 and Part V of this Act shall come into operation on such day as may be fixed for that purpose by order of the Government.

2 Interpretation generally.

2.—(1) In this Act—

“arbitration agreement” means a written agreement to refer present or future differences to arbitration, whether an arbitrator is named therein or not;

“the Convention of 1927” means the Convention on the Exception of Foreign Arbitral Awards done at Geneva on the 26th day of September, 1927, set out in the Second Schedule to this Act;

“the Court” means the High Court;

“the operative date” means the 1st day of January, 1955;

“the Protocol of 1923” means the Protocol on Arbitration Clauses opened at Geneva on the 24th day of September, 1923, set out in the First Schedule to this Act;

“State authority” means any authority being—

(a) a Minister of State,

(b) the Commissioners of Public Works in Ireland,

(c) the Irish Land Commission, or

(d) the Revenue Commissioners;

“the statutes of limitation” includes any enactment limiting the time within which any particular proceedings may be commenced.

(2) References in this Act to an award include references to an interim award.

3 Commencement of arbitration.

3.—(1) For the purposes of this Act and for the purpose of the statutes of limitation as applying to arbitrations and of section 496 of the Merchant Shipping Act, 1894, as amended by section 46 of this Act, an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other party or parties a written notice requiring him or them to appoint or concur in appointing an arbitrator or, where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring him or them to submit the dispute to the person so named or designated.

(2) (a) A notice under subsection (1) of this section may be served—

(i) by delivering it to the person to whom it is to be served,

(ii) by leaving it at the place in the State at which that person ordinarily resides or carries on business,

(iii) by sending it by registered post in an envelope addressed to that person at the place in the State at which he ordinarily resides or carries on business,

(iv) in any other manner provided in the arbitration agreement.

(b) For the purposes of this subsection, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office in the State and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business in the State.

4 State authorities to be bound.

4.—This Part, Part II (except subsection (2) of section 12) and Part III of this Act shall apply to an arbitration under an arbitration agreement to which a State authority is a party.

5 Exclusion of certain arbitrations.

5.—Notwithstanding anything contained in this Act, this Act does not apply to—

(a) an arbitration under an agreement providing for the reference to, or the settlement by, arbitration of any question relating to the terms or conditions of employment or the remuneration of any employees, including persons employed by or under the State or local authorities, or

(b) an arbitration under section 70 of the Industrial Relations Act, 1946 (No. 26 of 1946).

6 Operation of Parts II and III.

6.—(1) Part II of this Act shall not affect any arbitration under an arbitration agreement which has commenced before the operative date, but shall apply to any arbitration commenced on or after the operative date under an arbitration agreement made before the operative date.

(2) Part III of this Act shall not affect any arbitration under any other Act which has commenced before the operative date, but shall apply to any arbitration commenced on or after the operative date under any other Act passed before, on, or after the operative date.

7 Penalty for giving false evidence.

7.—Any person who, upon any examination upon oath or affirmation before an arbitrator or umpire or in any affidavit in proceedings before an arbitrator or umpire, wilfully and corruptly gives false evidence or wilfully and corruptly swears or affirms anything which is false, being convicted thereof, shall be liable to the penalties for wilful and corrupt perjury.

8 Repeals.

8.—(1) The enactments mentioned in column (2) of the Third Schedule to this Act are (except in relation to arbitrations under arbitration agreements commenced before the operative date) hereby repealed to the extent mentioned in column (3) of that Schedule.

(2) Any enactment or instrument referring to any enactment repealed by this Act shall be construed as referring to this Act.

PART II. Arbitration Under Arbitration Agreements.

9 Authority of arbitrators and umpires to be irrevocable.

9.—The authority of the arbitrator or umpire appointed by or by virtue of an arbitration agreement shall, unless a contrary intention is expressed in the agreement, be irrevocable except by leave of the Court.

10 Death of party.

10.—(1) An arbitration agreement shall not be discharged by the death of any party thereto, either as respects the deceased or any other party, but shall in such an event be enforceable by or against the personal representatives of the deceased.

(2) The authority of an arbitrator shall not be revoked by the death of any party by whom he was appointed.

(3) Nothing in this section shall be taken to affect the operation of any enactment or rule of law by virtue of which any right of action is extinguished by the death of a person.

11 Provisions in case of bankruptcy.

11.—(1) In this section the word “assignee” means the Official Assignee in Bankruptcy and includes the assignee (if any) chosen by the creditors to act with the Official Assignee in Bankruptcy.

(2) Where an arbitration agreement forms part of a contract to which a bankrupt is a party, the agreement shall, if the assignee or trustee in bankruptcy does not disclaim the contract, be enforceable by or against him so far as it relates to any difference arising out of, or in connection with, such contract.

(3) Where—

(a) a person who has been adjudged bankrupt had, before the commencement of the bankruptcy, become a party to an arbitration agreement, and

(b) any matter to which the agreement applies requires to be determined in connection with or for the purposes of the bankruptcy proceedings, and

(c) the case is one to which subsection (2) of this section does not apply,

then, any other party to the agreement or the assignee or, with the consent of the committee of inspection, the trustee in bankruptcy may apply to the court having jurisdiction in the bankruptcy proceedings for an order directing that the matter in question shall be referred to arbitration in accordance with the agreement and that court may, if it is of opinion that having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order accordingly.

12 Power to stay proceedings where there is an arbitration agreement.

12.—(1) If any party to an arbitration agreement or any person claiming through or under him commences any proceedings in any court against any other party to the agreement or any person claiming through or under him in respect of any matter agreed to be referred, any party to such proceedings may, at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court, if it is satisfied that there is not sufficient reason why the matter should not be referred in accordance with the agreement and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.

(2) Notwithstanding anything in this Part, if any party to a submission to arbitration made in pursuance of an agreement to which the Protocol of 1923 applies or any person claiming through or under him commences any legal proceedings in any court against any other party to the submission or any person claiming through or under him, in respect of any matter agreed to be referred, any party to those legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.

13 Reference of interpleader issues to arbitration.

13.—Where relief by way of interpleader is granted and it appears to the Court that the claims in question are matters to which an arbitration agreement, to which the claimants are parties, applies, the Court may direct the issue between the claimants to be determined in accordance with the agreement.

Arbitrators and Umpires.

14 When reference is to be to a single arbitrator.

14.—Unless a contrary intention is expressed therein, every arbitration agreement shall, if no other mode of reference is provided, be deemed to include a provision that the reference shall be to a single arbitrator.

15 Power of parties in certain cases to supply vacancy.

15.—(1) Where—

(a) an arbitration agreement provides that the reference shall be to two arbitrators, one to be appointed by each party, and

(b) either of the appointed arbitrators refuses to act, or is incapable of acting, or dies,

then, unless the agreement expresses a contrary intention, the party, who appointed the arbitrator so refusing to act, becoming incapable of acting or dying, may appoint a new arbitrator in his place.

(2) (a) Where—

(i) an arbitration agreement provides that the reference shall be to two arbitrators, one to be appointed by each party, and

(ii) on such a reference one party fails to appoint an arbitrator, either originally or by way of substitution under subsection (1) of this section, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment,

then unless a contrary intention is expressed in the agreement, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent.

(b) The Court may set aside any appointment made under paragraph (a) of this subsection.

16 Umpires.

16.—(1) Unless a contrary intention is expressed therein, every arbitration agreement shall, where the reference is to two arbitrators, be deemed to include a provision that the two arbitrators shall appoint an umpire immediately after they are themselves appointed.

(2) Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to include a provision that if the arbitrators have delivered to any party to the arbitration agreement, or to the umpire, a notice in writing stating that they cannot agree, the umpire may forthwith enter upon the reference in lieu of the arbitrators, but nothing in this subsection shall be construed as preventing the umpire from sitting with the arbitrators and hearing the evidence.

(3) At any time after the appointment of an umpire, however appointed, the Court may, on the application of any party to the reference and notwithstanding anything to the contrary in the arbitration agreement, order that the umpire shall enter upon the reference in lieu of the arbitrators and as if he were a sole arbitrator.

17 Agreements for reference to three arbitrators.

17.—(1) Where an arbitration agreement provides that the reference shall be to three arbitrators, one to be appointed by each party and the third to be appointed by the two appointed by the parties, the agreement shall have effect as if it provided for the appointment of an umpire, and not for the appointment of a third arbitrator, by the two arbitrators appointed by the parties.

(2) Where an arbitration agreement provides that the reference shall be to three arbitrators to be appointed otherwise than as is mentioned in subsection (1) of this section, the award of any two of the arbitrators shall be binding.

18 Power of Court in certain cases to appoint an arbitrator or umpire.

18.—In any of the following cases—

(a) where—

(i) an arbitration agreement provides that the reference shall be to a single arbitrator, and

(ii) all the parties do not, after differences have arisen, concur in the appointment of an arbitrator;

(b) if—

(i) an appointed arbitrator refuses to act, or is incapable of acting or dies, and

(ii) the arbitration agreement does not show that it was intended that the vacancy should not be supplied, and

(iii) the parties do not supply the vacancy;

(c) where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him;

(d) where two arbitrators are required to appoint an umpire and do not appoint him;

(e) where—

(i) an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and

(ii) the arbitration agreement does not show that it was intended that the vacancy should not be supplied, and

(iii) the parties or arbitrators do not supply the vacancy,

the following provisions shall have effect—

(1) any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint or, as the case may be, concur in appointing an arbitrator, umpire or third arbitrator,

(2) if the appointment is not made within seven clear days after the service of the notice, the Court may, on the application of the party who gave the notice, appoint an arbitrator, umpire or third arbitrator, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties.

Witnesses, Security for Costs, Discovery of Documents, etc.

19 Powers of arbitrators and umpires as to witnesses.

19.—(1) Unless a contrary intention is expressed therein every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the parties to the reference, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbitrator or umpire, on oath or affirmation, in relation to the matters in dispute and shall, subject to any legal objection, produce before the arbitrator or umpire all documents (other than documents the production of which could not be compelled on the trial of an action) within their possession or power respectively which may be required or called for, and do all such other things which during the proceedings on the reference the arbitrator or umpire may require.

(2) Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the witnesses on the reference shall, if the arbitrator or umpire thinks fit, be examined on oath or affirmation.

(3) An arbitrator or umpire shall, unless a contrary intention is expressed in an arbitration agreement, have power to administer oaths to, or take the affirmations of, the parties to and witnesses on a reference under the agreement.

20 Powers of parties to a reference to compel attendance of witnesses.

20.—Any party to a reference under an arbitration agreement may sue out an order in the nature of a writ of subpoena ad testificandum or of a writ of subpoena duces tecum, but no person shall be compelled under any such order to produce any document which he could not be compelled to produce on the trial of an action.

21 Power of Court to compel attendance of prisoner as a witness.

21.—The Court may order that an order in the nature of a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before an arbitrator or umpire.

22 Orders by Court in relation to security for costs discovery of documents etc.

22.—(1) The Court shall have, for the purpose of and in relation to a reference, the same power of making orders in respect of—

(a) security for costs;

(b) discovery and inspection of documents and interrogatories;

(c) the giving of evidence by affidavit;

(d) examination on oath of any witness before an officer of the Court or any other person, and the issue of a commission or request for the examination of a witness out of the jurisdiction;

(e) the preservation, interim custody or sale of any goods which are the subject matter of the reference;

(f) securing the amount in dispute in the reference;

(g) the detention, preservation or inspection of any property or thing which is the subject of the reference or as to which any question may arise therein, and authorising for any of the purposes aforesaid any persons to enter upon or into any land or building in the possession of any party to the reference, or authorising any samples to be taken or any observation to be made or experiment to be tried which may be necessary or expedient for the purpose of obtaining full information or evidence; and

(h) interim injunctions or the appointment of a receiver,

as it has for the purpose of and in relation to an action or matter in the Court.

(2) Nothing in subsection (1) of this section shall be taken to prejudice any power which may be vested in an arbitrator or umpire of making orders with respect to any of the matters mentioned in the said subsection.

Provisions as to Awards.

23 Time for making an award.

23.—(1) Subject to subsection (2) of section 36 of this Act and anything to the contrary in the arbitration agreement, an arbitrator or umpire shall have power to make an award at any time.

(2) The time, if any, limited for making an award, whether under this Act or otherwise, may from time to time be enlarged by order of the Court or by agreement in writing of the parties, whether that time has expired or not.