AA 1996—peremptory orders in arbitration (ss 41–42)
Produced in partnership with CMS
AA 1996—peremptory orders in arbitration (ss 41–42)

The following Arbitration guidance note Produced in partnership with CMS provides comprehensive and up to date legal information covering:

  • AA 1996—peremptory orders in arbitration (ss 41–42)
  • What is a peremptory order?
  • Peremptory order from the tribunal
  • Who can apply to court for the enforcement of a peremptory order under AA 1996, s 42?
  • What will the court require?
  • Responding to an application for enforcement of a peremptory order
  • The court's decision
  • Failure to comply with the court's order

The English court does not generally intervene in arbitrations (AA 1996, s 1(c)). However, there are particular sections of the Arbitration Act 1996 (AA 1996) which provide for the court to 'assist' the arbitral process.

AA 1996, s 42 provides that, unless otherwise agreed by the parties (ie the section is not mandatory), the court may make an order requiring a party to comply with a peremptory order made by the tribunal (AA 1996, s 41(5)). This provision is designed to assist parties, and the tribunal, in a situation where one party refuses to follow the tribunal's orders. Tribunals are empowered to make such peremptory orders under AA 1996, s 41(5) subject, again, to the express contrary agreement of the parties. This Practice Note considers the granting of peremptory orders by the tribunal and the availability of court orders requiring compliance with tribunal peremptory orders, and associated matters.

Note: For guidance on the early dismissal of claims under AA 1996, s 41, see Practice Note: Early dismissal, summary dismissal and strike out in arbitration proceedings.

What is a peremptory order?

'Peremptory order' means an order made by the tribunal under AA 1996, s 41(5) (powers of tribunal in case of a party's default) or made in exercise of any corresponding power conferred by the parties (AA 1996, s 82(1)).

A tribunal may