Contract Law And Arbitration Law

Mr. David Mitchell

I beg to move amendment No. 32, in page 12, line 32, at beginning insert

'Subject to subsection (3)(a) below,'.

With this we shall discuss Government amendments Nos. 33 to 37.

This amendment appears substantial but in fact merely reflects a change in the presentation of certain provisions for the purposed arbitration agreement between the British and French Governments and the concessionaires.

Amendment agreed to

Amendments made: No. 33, in page 12, line 43, leave out

'Without prejudice to subsection (1) above,'.

No. 34, in page 12, line 45, leave out

'arbitration, nothing in Part I of the Arbitration Act 1950 or in the Arbitration Act'

and insert

'the arbitral tribunal—
(a) the provisions of Part I of the Arbitration Act 1950 and the Arbitration Act 1979 specified in subsection (3A) below shall apply in relation to that agreement or lease, or to the enforcement of an award on that agreement or lease, subject to the modifications specified in that subsection and except so far as excluded by, and subject to any modifications contained in, the agreement or lease or any provision of the international arrangements; but
(b) without prejudice to subsection (1) above, no other provision of Part I of the Act of 1950 or the Act of'.

No. 35, in page 12, line 47, leave out 'any such' and insert 'that'.
No. 36, in page 13, line 2, at end insert—

'(3A) The provisions are—

(a) section 4(1) of the Act of 1950 (staying court proceedings on matters subject to arbitration) with the substitution of the words "shall make an order staying the proceedings" for the words from "if satisfied" to the end;

(b) section 26 of that Act (enforcement of arbitration award by court); and

(c.) section 2 of the Act of 1979 (determination by court of preliminary point of law arising on arbitration) with—

(i) the omission of the words "Subject to subsection (2) and section 3 below", in subsection (1) and of subsection (2); and

(ii) the substitution of the words "with the consent of the arbitral tribunal" for paragraphs (a) and (b) of subsection (1);

and any other provisions of Part I of the Act of 1950 or the Act of 1979 so far as affecting the operation of the provisions mentioned in any of paragraphs (a) to (c) of this subsection.

No. 37, in page 13, line 3, at beginning insert

'Subject to subsection (3)(a) above and'.

—[ Mr. David Mitchell]

Volume 109: debated on Tuesday 3 February 1987