Arbitration-specific Standard Court Orders (finance)
Court orders in support of arbitration
Here are the four orders for use in conjunction with arbitrations, contained in the latest version of the Standard Orders (24 October 2023). They supersede those previously approved at paras 31 and following of the President’s Arbitration Practice Guidance issued on 23 November 2015.
Standard Order 6.3: Securing Attendance of Witnesses under the Arbitration Act 1996, s. 43
Standard Order 6.4: Arbitration – Initial Gatekeeper’s Order
As stated in Peel J’s Advisory Notice of 17 May 2023:
‘As before, the SFOs do not have the status of “forms” under FPR Part 5. The default position is that they should be used, but parties and the court are permitted to adapt them to such extent as may be appropriate.’
Arbitration award recitals to be included in a draft financial remedy consent order
Standard Orders 2.1: Financial Remedy Order and 2.2: Order under the Children Act 1989, Schedule 1 (at paras 19 in each case) include an arbitration award recital listing the documents which should accompany an application for an order reflecting an arbitral award, and forms of words apt for the circumstances of the particular application.
Those paragraphs are set out in combined format below, with the provisions specific to each type of proceedings shown in square brackets.
Arbitration award recital
19.
a. The documents lodged in relation to this application include the parties’ arbitration agreement (Form ARB1FS), their Form[s] D81, a copy of the arbitrator’s award, and a draft of the order which the court is requested to make.
b. (Either)
[By their Form ARB1FS the parties agreed to refer to arbitration the issues described in it [which include some or all of the financial remedies for which applications are] (or) [which encompass the application under Schedule 1 to the Children Act 1989 now] pending in this court. The issues were referred to [arbitrator name] under the IFLA scheme, who made an arbitral award on [date]. The parties have invited the court to make an order in agreed terms which reflects the arbitrator’s award.]
(Or)
[By their Form ARB1FS the parties agreed to refer to arbitration the issues described in it [which include some or all of the financial remedies for which applications are] (or) [which encompass the application under Schedule 1 to the Children Act 1989 now] pending in this court. The issues were referred to [arbitrator name] under the IFLA scheme, who made an arbitral award on [date]. There has been no agreement between the parties as to the form of an order to give effect to the arbitrator’s award. The [applicant] / [respondent] has applied for the other party to show why an order should not be made in the terms of the draft proposed; and the court having considered the representations made by each party has directed that an order be made in the terms of this order.]
Recital – agreement to refer future disputes to arbitration
On 7 November 2018 a new para 25A (para 26 in the current orders) was inserted into Standard Orders 2.1 (financial remedy order). It provides a suggested form of words where the parties agree that a future dispute be referred to arbitration:
Agreement to refer to arbitration
26. The parties agree to refer to arbitration any future dispute between them in relation to [the implementation of paragraph [para number] of this order] / [the variation of paragraph [para number] of this order] / [specify [e.g. chattels]] [which [arises out of or is in connection with this order and] falls within the scope of the IFLA financial scheme].
The following provisions shall apply:
- The arbitration shall be conducted in accordance with and the parties shall be bound by the IFLA financial scheme rules (‘the rules’) in force at the date of the commencement of the arbitration;
- A party invoking this agreement shall serve on the other party written notice identifying the dispute to be arbitrated and requesting agreement to the appointment of an arbitrator;
- [The arbitrator to be appointed shall be [arbitrator name] if available];
- If by the date fourteen days after service of the notice referred to at sub-paragraph b. above the parties have reached agreement on the appointment of an arbitrator, they shall complete, sign and lodge with IFLA a form ARB1FS (or the corresponding arbitration application form then in force) nominating the agreed arbitrator;
- If by the date fourteen days after service of the notice referred to at sub-paragraph b. above the parties have failed to reach agreement on the appointment of an arbitrator, they shall complete, sign and lodge with IFLA a form ARB1FS (or the corresponding arbitration application form then in force) requesting IFLA to offer the appointment to an arbitrator selected by IFLA in accordance with article 4.3.3 of the rules (7th edition, 2021) (or the corresponding provision then in force);
- The seat of the arbitration shall be [insert [e.g. London, England]];
- This agreement is an arbitration agreement for the purpose of section 6 of the Arbitration Act 1996.
The up to date to versions of the Standard Orders (for both financial remedy and children cases, as at 24 October 2023) may be accessed here.