Arbitration-specific Standard Court Orders
Here are the four orders for use in conjunction with arbitrations in the revised format promulgated by Standard Financial and Enforcement Orders: President’s Guidance (30 November 2017). They supersede those previously approved at para 31 et seq of the President’s Arbitration Practice Guidance issued on 23 November 2015.
As stated in that 2017 Guidance:
‘These orders do not have the strict status of forms within Part 5 of the FPR 2010 and their use, although strongly to be encouraged, is not mandatory. Moreover, a standard order may be varied by the court or a party if the variation is required by the circumstances of a particular case. There will be many circumstances when a variation is required and departure from the standard form will not, of course, prevent an order being valid and binding. The standard orders should however represent the starting point, and, I would hope and expect, usually the finishing point, of the drafting exercise.’
Furthermore, Standard Orders 2.1: Financial Remedy Order and 2.2: Order under the Children Act 1989, Schedule 1 (at paragraphs 19 and 18 respectively) include an Arbitration Award Recital embodying a list of 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 in this form:
Arbitration award recital
19. (Or) 18.
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.
[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.]
[Although 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.]