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Arbitration Act 2025

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Change 1

What to do with it
As published

12 Challenging the award: time limit

(1) Section 70 of the Arbitration Act 1996 (challenge or appeal: supplementary provisions) is amended as follows. (2) In subsection (3), for the words from “the date of the award” to the end substitute “the applicable date”. (3) After subsection (3) insert— (3A) In subsection (3), “the applicable date” means— (a) in a case where there has been any arbitral process of appeal or review, the date when the applicant or appellant was notified of the result of that process; (b) in a case where the tribunal has, under section 57, made a material correction to an award or has made a material additional award, the date of the correction or additional award; (c) in a case where a material application for a correction to an award or for an additional award has been made to the tribunal under section 57 and the tribunal has decided not to grant the application, the date when the applicant or appellant was notified of that decision; (d) in any other case, the date of the award. (3B) For the purposes of subsection (3A)— (a) a correction to an award, (b) an additional award, or (c) an application under section 57, is “material” if any matter to which it relates is material to the application or appeal under section 67, 68 or 69. (4) At the end insert— (9) In this section, a reference to available recourse, or to anything done, under section 57 includes a reference to available recourse, or to anything equivalent done, pursuant to agreement reached between the parties as mentioned in section 57(1).

Your change, as a redline

12 Challenging the award: time limit

(1) Section 70 of the Arbitration Act 1996 (challenge or appeal: supplementary provisions) is amended as follows. (2) In subsection (3), for the words from “the date of the award” to the end substitute “the applicable date”. (3) After subsection (3) insert— (3A) In subsection (3), “the applicable date” means— (a) in a case where there has been any arbitral process of appeal or review, the date when the applicant or appellant was notified of the result of that process; (b) in a case where the tribunal has, under section 57, made a material correction to an award or has made a material additional award, the date of the correction or additional award; (c) in a case where a material application for a correction to an award or for an additional award has been made to the tribunal under section 57 and the tribunal has decided not to grant the application, the date when the applicant or appellant was notified of that decision; (d) in any other case, the date of the award. (3B) For the purposes of subsection (3A)— (a) a correction to an award, (b) an additional award, or (c) an application under section 57, is “material” if any matter to which it relates is material to the application or appeal under section 67, 68 or 69. (4) At the end insert— (9) In this section, a reference to available recourse, or to anything done, under section 57 includes a reference to available recourse, or to anything equivalent done, pursuant to agreement reached between the parties as mentioned in section 57(1).

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