Arbitration Act 2010


Number 1 of 2010


ARBITRATION ACT 2010

REVISED

Updated to 29 November 2022


This Revised Act is an administrative consolidation of the Arbitration Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Consumer Rights Act 2022 (37/2022), enacted 29 November 2022, and all statutory instruments up to and including the Consumer Rights Act 2022 (Commencement) Order 2022 (S.I. No. 596 of 2022), made 28 November 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 1 of 2010


ARBITRATION ACT 2010

REVISED

Updated to 29 November 2022


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Consumer Rights Act 2022 (37/2022)

Companies Act 2014 (38/2014)

All Acts up to and including Consumer Rights Act 2022 (37/2022), enacted 29 November 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

All statutory instruments up to and including Consumer Rights Act 2022 (Commencement) Order 2022 (S.I. No. 596 of 2022), made 28 November 2022, were considered in the preparation of this revision.


Number 1 of 2010


ARBITRATION ACT 2010

REVISED

Updated to 29 November 2022


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Application of Act.

4. Repeals and effect of repeals.

5. Expenses.

PART 2

Arbitration

6. Adoption of Model Law.

7. Commencement of arbitral proceedings.

8. Construction of Model Law and construction of arbitration clauses.

9. Functions of High Court.

10. Court powers exercisable in support of arbitral proceedings.

11. Determination of court to be final.

12. Time limits for setting aside awards on grounds of public policy.

13. Default number of arbitrators.

14. Examination of witnesses.

15. Taking evidence in State in aid of foreign arbitration.

16. Consolidation of and concurrent arbitrations.

17. Reference of interpleader to arbitration.

18. Interest.

19. Security for costs.

20. Specific performance.

21. Recoverability of costs, fees and expenses of tribunal.

22. Restriction on liability of arbitrators, etc.

23. Effect of award.

24. New York Convention, Geneva Convention and Geneva Protocol.

25. Non-application of provisions of Act to Washington Convention, save in certain circumstances.

26. Survival of agreement and authority of arbitral tribunal in event of death.

27. Provisions in event of bankruptcy.

28. Full applicability to State parties.

29. Application of Act to arbitrations under other Acts.

30. Exclusion of certain arbitrations.

31. Arbitration agreements and small claims, etc.

PART 3

Reference to Arbitration Where Proceedings Pending Before Court

32. Power of High Court and Circuit Court to adjourn proceedings to facilitate arbitration.

SCHEDULE 1

TEXT OF UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION

SCHEDULE 2

TEXT OF 1958 CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

SCHEDULE 3

TEXT OF 1965 CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES

SCHEDULE 4

TEXT OF 1927 CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS

SCHEDULE 5

TEXT OF 1923 PROTOCOL ON ARBITRATION CLAUSES

SCHEDULE 6

CONSEQUENTIAL AMENDMENTS TO OTHER ACTS


Acts Referred to

Arbitration Act 1954

1954, No. 26

Arbitration Acts 1954 to 1998

Copyright and Related Rights Act 2000

2000, No. 28

Industrial Relations Act 1946

1946, No. 26

Landlord and Tenant (Ground Rents) Act 1967

1967, No. 3

Legal Practitioners (Ireland) Act 1876

39 & 40 Vict., c. 44

Merchant Shipping Act 1894

57 & 58 Vict., c. 60

Patents Act 1992

1992, No. 1

Property Values (Arbitration and Appeals) Act 1960

1960, No. 45

Statute of Limitations 1957

1957, No. 6


Number 1 of 2010


ARBITRATION ACT 2010

REVISED

Updated to 29 November 2022


AN ACT TO FURTHER AND BETTER FACILITATE RESOLUTION OF DISPUTES BY ARBITRATION; TO GIVE THE FORCE OF LAW TO THE UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION (AS AMENDED BY THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW ON 7 JULY 2006) IN RESPECT OF BOTH INTERNATIONAL ARBITRATION AND OTHER ARBITRATION; TO GIVE THE FORCE OF LAW TO THE PROTOCOL ON ARBITRATION CLAUSES OPENED AT GENEVA ON THE 24TH DAY OF SEPTEMBER 1923, THE CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS DONE AT GENEVA ON THE 26TH DAY OF SEPTEMBER 1927, THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS DONE AT NEW YORK ON 10 JUNE 1958 AND TO THE CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES OPENED FOR SIGNATURE IN WASHINGTON ON 18 MARCH 1965; TO REPEAL THE ARBITRATION ACTS 1954 TO 1998; AND TO PROVIDE FOR RELATED MATTERS.

[8th March, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: