PART Ⅰ PRELIMINARY

Chapter 1 Descriptive introduction

A The English system

1 General

2 Sources of law

3 The relationship with the Court

B The arbitration agreement

1 Nature and effect of the agreement

2 Enforcing the arbitration agreement

C The tribunal

1 Composition of the tribunal

2 Qualifications

3 Constituting the tribunal

4 Rights and duties of the arbitrator

5 Judicial arbitration

D Beginning an arbitration

E The jurisdiction of the Court

F The reference

1 Variety of procedures

2 Conciliation: duty to apply the law

3 Foreign law

4 Procedural reinforcement by the Court

5 Procedural control by the Court

(a) Intervention during the reference

(b) Intervention after the award

G The award

1 Types of award

2 The decision

3 Form and substance

4 Interest and costs

5 The effect of an award

H Appeals on questions of law

I Enforcement

Chapter 2 What is an arbitration?

A Why does it matter?

1 Relationship of arbitration to other types of tribunal

2 Separate historical origins of arbitration

3 Distinctive features of arbitration

B Defining an arbitration

1 General

2 Relevant factors: summary

(a) Attributes which must be present

(b) Other factors which are relevant

3 Relevant factors: detailed discussion

(a) Attributes which must be present

(i) Decision intended to be binding

(ii) The parties to the process

(iii) Consensual resolution of the dispute

(iv) A consensual tribunal

(v) An impartial tribunal

(vi) Enforceable agreement to refer

(vii) A formulated dispute

(b) Other factors which are relevant

(i) Evidence and contentions

(ii) The wording of the agreement

(iii) The choice of tribunal

(iv) A bilateral right to refer

(v) Obligation to apply the law

C Which arbitrations are subject to the Acts?

Chapter 3 Sources of arbitration law

A The common law

B Statute

1 Scope of the legislation

2 Commencement of 1979 Act

C Express agreement

D Practice of merchants and arbitrators

Chapter 4 Foreign arbitral law

A Introduction

B Foreign procedural law in an arbitration in England

1 The meaning of the 'curial law'

2 The status and effect of the arbitration agreement

3 The conduct of the reference

4 The legal content of the award

C English procedural law in an arbitration abroad

PART Ⅱ THE AGREEMENT TO ARBITRATE

Chapter 5 Introduction

Chapter 6 Agreements to refer future disputes

A Existence of agreement

1 Existence of underlying contract

2 Incorporation of agreement to arbitrate

3 Certainty

(a) Inconsistent clauses

(b) Abbreviated clauses

(c) 'in the usual way'

4 Arbitration in absence of prior agreement

B Scope of agreement

1 Disputes as to the existence of the contract

(a) Initial existence of the contract

(b) Continued existence of the contract

(i) Repudiation

(ii) Fundamental breach

(iii) Frustration

(iv) Termination provisions; conditions precedent

(v) Misrepresentation and non-disclosure

2 Illegality

3 Mistake and duress

4 Issues as to facts founding the jurisdiction

5 Rectification

6 Disputes as to scope of submission

7 Disputes as to the arbitrator's powers

8 Fraud

9 Claims in tort

10 Variations of the contract

11 Particular forms of words

(a) 'Claims'; 'differences'; 'disputes'

(b) 'in connection with'; 'in relation to'

(c) 'in respect of; 'with regard to'

(d) 'arising out of

(e) 'under'

(f) 'during the execution of

12 Clauses of limited scope

13 Unilateral arbitration clauses

C Construction of agreement; by what law?

D 'Disputes' and 'differences'

1 Introduction

2 Clauses requiring a 'dispute' or 'difference'

(a) Undisputed claims

(b) A genuine dispute

(c) Disputes arising after appointment of arbitrator

(d) Amendments

(i) Amendments by respondent

(ii) Amendments by claimant

(e) What is a 'dispute?

(f) Disputes resolved before award

(g) 'Differences'

3 Clauses requiring a 'claim'

4 Cross-claims in arbitration

(a) Claim outside clause: cross-claim within clause

(b) Undisputed claim: cross-claim within clause

(c) Claim within clause: cross-claim outside clause

(d) Claim and cross-claim within clause

Chapter 7 Agreements to refer existing disputes

A Types of agreement

1 Express agreements

2 Implied agreements

B Special features

Chapter 8 Arbitration and third parties

A Claimant not named as a party

1 Agency: trusts

2 Succession by operation of law

3 Novation

4 Assignment

B Defendant not named as a party

Chapter 9 Multiple arbitrations

A Multiple defendants

1 Nature of the problem

2 Solutions

B Third-party situations

1 Nature of the problem

2 Solutions

(a) Same arbitrator tries both claims

(b) High Court tries both claims

(c) String contracts

(i) Existence of string

(ii) Failure to cooperate

(iii) Status of award

C Costs in multiple arbitrations

Chapter 10 What matters may be arbitrated

A General

B Questions of illegality

Chapter 11 Capacity of parties

A Capacity generally

B Particular cases

1 The Crown

2 Trustees and personal representatives

3 Death

4 Bankruptcy

5 Winding-up

Chapter 12 The residual jurisdiction of the Court

1 Nature of the Court's residual jurisdiction

(a) History of the jurisdiction

(b) The modern rules

2 Practical applications of the residual jurisdiction

(a) Proceedings brought in spite of arbitration agreement

(b) Concurrent proceedings in Court and in arbitration

(c) Arbitration ineffective

Chapter 13 Scott v Avery clauses

A Effect of Scott v Avery clause

1 Postponement of access to Court

2 Loss of Scott v Avery rights

(a) Annulment by Court

(b) Conduct of defendant

(c) Cesser of agreement to arbitrate

B Procedure

PART Ⅲ BEGINNING AN ARBITRATION

Chapter 14 Introduction

Chapter 15 Appointment of arbitrators and umpire

A Summary

1 A sole arbitrator

(a) Appointment by agreement

(b) Appointment by a third party

(c) Appointment by the Court in default of agreement

(d) Appointment by the Court to fill a vacancy

(e) Appointment in default of appointment of second arbitrator

(f) Appointment by the Court upon revocation or removal

(g) Appointment of umpire as sole arbitrator

2 A tribunal of two arbitrators

(a) Appointment by the parties

(b) Appointment by a third party

(c) Appointment by a party to fill a vacancy

(d) Appointment by the Court to fill a vacancy

(e) Appointment by the Court on removal of arbitrator

3 A tribunal of three arbitrators

(a) Pre-1979

(b) Post-1979

4 A tribunal of more than three arbitrators

5 An umpire

B Detailed discussion

1 A sole arbitrator

(a) Appointment by agreement

(b) Appointment by third party

(c) Appointment by the Court in default of agreement

(d) Appointment by the Court to fill a vacancy

(e) Appointment in default of appointment of second arbitrator

(f) Appointment by the Court upon revocation or removal

(g) Appointment of umpire as sole arbitrator

2 A tribunal of two arbitrators

(a) Appointment by the parties

(b) Appointment by a third party

(c) Appointment by a party to fill a vacancy

(d) Appointment by the Court to fill a vacancy

(e) Appointment by the Court on removal of arbitrator

3 A tribunal of three arbitrators

(a) Defaults in appointment

(b) Vacancies, revocation and removal

4 A tribunal of more than three arbitrators

5 An umpire

(a) Appointment by arbitrators

(b) Powers of the Court

C Method of choosing the arbitrator or umpire

Chapter 16 Lapse of time

A Introduction

1 General

2 Lapse of time: jurisdiction and defence

B Barring of claims by statute

1 Statutory time limits in arbitration

2 The beginning of the limitation period

3 Prolongation of time

4 The commencement of arbitration

(a) Notice of arbitration: form

(b) Notice of arbitration: particularity

(c) Notice of arbitration: service

C Limitation of time by contract

1 General

2 Barring the right and barring the remedy

3 'Impossible' time limits

4 Notice of claim

5 Appointment of arbitrator

6 Relief from a time-bar

(a) Conduct of defendant

(i) Breach of contract

(ii) Waiver and estoppel

(b) Unfair Contract Terms Act 1977

(c) Prolongation of time-limit

(i) Prolongation by arbitrator

(ii) Prolongation by the Court

D New claims

PART Ⅳ THE ARBITRATOR

Chapter 17 The rights and duties of the arbitrator

A The relationship between the parties and the arbitrator

1 Why does it matter?

2 Quasi-contract: status or contract?

(a) Quasi-contract

(b) Status

(c) Contract

B Obligations of the arbitrator to the parties

1 Duty to take care

2 Duty to proceed diligently

3 Duty to act impartially

C Obligations of the parties to the arbitrator

1 Remuneration for a completed reference

(a) Arbitrator

(b) Umpire

(c) Enforcement of the right to remuneration

(i) Lien

(ii) Action

(d) Fees of arbitrator/advocate

(e) The level of remuneration

(f) Fixing a reasonable fee

(g) Remedies where fees excessive

(h) Securing the arbitrator's fee

2 Remuneration for an uncompleted reference

(a) Arbitrator not involved in termination

(b) Arbitrator involved in termination but without fault

(c) Termination through fault of the arbitrator

3 Remuneration where the award is invalid

(a) Reference a nullity

(b) Award a nullity

(c) Award remitted

Chapter 18 Capacity, qualifications, and impartiality of the arbitrator

A Capacity and qualifications

1 Capacity to arbitrate

2 Qualifications required by agreement

3 Interest and bias

(a) Antecedent bias

(b) Partiality in the conduct of the reference

(i) Impartiality in making procedural decisions

(ii) Impartiality of expression

(iii) Personal contacts with the parties

B Waiver and estoppel

Chapter 19 The arbitrator advocate: the umpire: disagreement

A The arbitrator/advocate: general

B The position before disagreement

C Disagreement

D The position after disagreement

Chapter 20 Judicial arbitrators

A Judge-arbitrator

1 Appointment of a commercial judge as arbitrator or umpire

2 Judicial arbitration compared with other proceedings

3 Allocation of procedural powers

4 Suggested procedure for commencing judicial arbitrations

B Official referee

1 History

2 Official referee as arbitrator

3 Merits of arbitration by official referee

C County Court arbitration

PART Ⅴ THE CONDUCT OF THE REFERENCE

Chapter 21 Procedural powers and duties

A Absence of uniform procedure

B Ascertainment of the procedure to be followed

1 Express agreement on procedure

2 Agreement implied from conduct

3 Public policy

4 Implied agreement on procedure

(a) Express terms of agreement

(b) Language of agreement

(c) Subject matter of underlying contract

(d) Nature of dispute

(e) Identity of tribunal

(f) Natural justice

5 Procedure in the absence of agreement

6 Attitude of the Court to informal arbitrations

7 Alterations in procedure

C The powers of the arbitrator

1 Express powers

2 Implied powers

(a) Power to take evidence on oath

(b) Powers relating to the production of documents

(c) General statutory powers

(d) 'Subject to any legal objection'

3 Powers at common law

4 Supplementary powers of the Court

D Disputes on procedure

Chapter 22 A fair trial

A Introduction

B Dispensing with a hearing

C The hearing: minimum requirement

1 Notice of hearing

2 Opportunity to attend

3 Right to be present throughout the hearing

4 Opportunity to present argument and evidence

(a) Argument

(b) Evidence

5 Opportunity to controvert opponent's case

(a) Hearing evidence in absence of party

(b) Hearing argument in absence of party

(c) Hearing evidence in the absence of both parties

(d) Communicating opponent's case

6 Oral hearing exhaustive of evidence and argument

Chapter 23 The course of the reference: part one

A Stages of the reference: summary

B Detailed discussion

1 Fixing the procedure

2 Defining the issues

(a) Reasons for defining the issues

(b) Methods of defining the issues

(i) Pleadings

(ii) Written statements of case

(iii) Letters of claim and defence

(iv) Oral elucidation of issues

3 Production and preparation of documents

(a) The two types of discovery

(b) Discovery in arbitrations

(c) Inspection

(d) Preparation of documents for the hearing

4 Interim protection orders

(a) Interim orders relating to property: general

(b) Safeguarding the subject matter of the dispute

(i) Interlocutory injunction to protect property

(ii) Appointment of receiver

(iii) Detention, custody and preservation

(iv) Securing the sum in dispute

(c) Protection of property for evidentiary purposes

(i) Examination by the arbitrator and his delegates

(ii) Examination by the parties and their delegates

(iii) Order facilitating examination

(iv) Orders for inspection before reference

5 Order for security

(a) Security for costs

(b) Security for claims

(i) Interim protection order

(ii) Arrest of ship

(iii) Mareva injunction

(iv) Procedural 'orders nisi'

6 Arranging the hearing

Chapter 24 The course of the reference: part two

7 Investigation of facts and law: the hearing

(a) Failure to appear at the hearing

(b) Order of proceedings

(i) The usual order of proceedings

(ii) Evidence and arguments in rebuttal

(iii) Intervention by the arbitrator

(iv) 'Stopping counsel'

(v) Reading the documents

(c) Attendance of witnesses

(d) Evidence on oath

(e) Refusal to answer questions

(f) Relaxation of strict rules of evidence

(g) Admissibility of evidence

(i) Authenticity and admissibility of documents distinguished

(ii) Hearsay evidence: statements in documents

(iii) Expert evidence

(h) Fresh evidence

(i) Notes of proceedings

(i) Arbitrator's notes

(ii) Shorthand note

(j) Foreign law

(i) The choice of proper law

(ii) Issues governed by the proper law

(iii) Proof of foreign law

(k) EEC law

8 The decision

(a) Consulting third parties

(b) Delegating the working out of the award

(c) Arbitrator using own knowledge

(d) Arbitrators acting together

9 The award

10 Appeal procedures

PART Ⅵ THE AWARD

Chapter 25 Types of award

A Interim or final

B Awards giving recourse to the Court on a question of law

1 Arbitrations under the 1979 Act

(a) Reasoned award

(b) Preliminary question of law

2 Arbitrations not under the 1979 Act

(a) General

(b) Choice of award

Chapter 26 Form and contents of award

A Formal requirements

1 Writing and signature

2 Parties

3 Recitals

4 Date

5 Publication

6 Stamp

B Substantive requirements

1 Cogency

2 Completeness

3 Certainty

4 Finality

5 Enforceability

C Reasons

D Relief and remedies

1 Awards for the payment of money

2 Specific performance

3 Injunction

4 Declaratory relief

5 Indemnity

6 Interest

7 Dissolution of partnership

E Costs

1 The arbitrator's discretion as to costs

(a) Matters justifying a departure from the general rule

(b) Matters not justifying a departure from the general rule

2 Judicial control over the award of costs

3 Costs of award and costs of reference

4 Costs in special case

5 Costs of interim award and consultative case

6 Failure to deal with costs in award

7 Interlocutory costs

8 Scale of costs

9 Taxation of costs

Chapter 27 The effect of a valid award

A General

B The effect of a valid award on the arbitrator

1 'Functus officio'

2 Section 17 ('the slip rule')

3 Sub-section 18(4)

C The effect of a valid award on the parties

1 Fresh right of action

2 The award as a bar to further proceedings

(a) Award of damages

(b) Award of debt

(c) Declaration

(d) Action in rem

(e) The rule in Conquer v Boot

3 The award as conclusive of issues of fact and law

D The effect of an award on third parties

E Awards of foreign arbitrators

Chapter 28 Enforcement of the award

A Introduction

B Obtaining a judgment or order

1 Action on the award

2 Application under section 26 of 1950 Act

3 Practice

C Enforcing awards of foreign arbitrators

1 Enforcement at common law by action or under section 26

2 Enforcement of 'Convention awards'

3 Enforcement of 'foreign awards'

D Disciplinary action by trade associations

PART Ⅶ PROBLEMS AND REMEDIES

Chapter 29 Judicial control: a historical survey

A Introduction

B Three methods of private arbitration

C The position before the Act of 1698

1 Enforcement

2 Judicial intervention in the reference

3 Mistake of law

D 1698 to 1854

1 Enforcement of the agreement to arbitrate

2 Judicial intervention in the reference

(i) Submissions by rule of court in a pending action

(ii) Submissions out of court made a rule of court under the 1698 Act

(iii) Submissions out of court, not made a rule of court under the Act

3 Mistake of law

E 1854 to 1889

1 The move towards reform

2 Enforcement of the agreement to arbitrate

3 Judicial intervention in the reference

4 Mistake of law

F 1889 to 1979

1 The Acts of 1889, 1934 and 1950

2 Enforcement of the agreement to arbitrate

3 Judicial intervention in the reference

4 Mistake of law

G 1979 and after

1 The beginning of 1979

(a) Judicial control over procedure

(b) Judicial control over errors of law

(c) Summary

2 Developments in 1979

(a) Judicial policy

(b) Origins of the 1979 Act

Chapter 30 Court proceedings wrongly brought

A Proceedings in breach of agreement to arbitrate

1 Injunction to restrain proceedings

2 Damages

3 Stay under the inherent jurisdiction

4 Compulsory stay: non-domestic arbitration

(a) Pre-requisites of a compulsory stay

(b) Circumstances precluding compulsory stay

(i) 'Null and void, inoperative, or incapable of being performed'

(ii) 'Not in fact any dispute'

(c) Removing the stay

5 Discretionary stay: domestic arbitration

(a) Arbitration agreement

(b) (i) Legal proceedings commenced in any court

(b) (ii) Matters agreed to be referred

(b) (iii) The plaintiff as a party to the agreement

(c) (i) and (ii) The identity of the applicant

(c) (iii) 'Step in the proceedings'

(d) (i) 'ready and willing

(d) (ii) 'No sufficient reason'

(e) The discretion

(i) General

(ii) Focus material to the discretion

(a) Delay

(b) Issues of law

(c) Multiplicity of proceedings

(d) Allegations of impropriety

(e) Identity of arbitrator

(f) Scott v Avery clause

(g) Expense

(h) Exclusion of legal representation

(iii) The terms of the stay

6 Inter-pleader proceedings

B Loss of the right to arbitrate

Chapter 31 Hopeless claims and defences

A The abuses

B Relevant principles

C Hopeless claims

1 Defects in law

(a) Intervention by the Court

(b) Powers of the arbitrator

2 Defects in fact

D Hopeless defences

Chapter 32 Remedies available during the reference

A Introduction

B The repetory: summary

1 Remedies possessed by the Court

(a) Directed towards the agreement to arbitrate

(b) Directed towards the parties

(c) Directed towards the arbitrator

(d) Directed towards a future arbitrator

2 Remedies possessed by the arbitrator

C The repertory: detailed discussion

1 Remedies possessed by the Court

(a) Directed towards the agreement to arbitrate

(i) Revocation of the agreement to arbitrate

The general power: section 25(2)(b)

The specific power: section 24(2)

(a) 'An agreement'

(b) 'which may arise in the future between them'

(c) 'guilty of fraud'

(d) 'shall have power'

(e) 'so far as may be necessary'

(f) 'shall cease to have effect'

(ii) Termination at common law

The Bremer Vulcan case

Repudiation

Frustration

Supervening illegality

Termination by consent

Abandonment

Affirmation, waiver and estoppel

Effect of termination

Procedure

(iii) Annulment of Scott v Avery clause

(iv) Refusal to stay action

(b) Remedies directed towards the parties

(i) Injunction to restrain further proceedings

(ii) Damages

(iii) Declaratory relief

(c) Remedies directed towards the arbitrator

(i) Revocation of authority of arbitrator

(ii) Removal of arbitrator

(iii) Replacement of arbitrator

(iv) Injunction

(v) Declaration as to status of the arbitrator

(vi) Preliminary question on arbitrator's powers

(d) Declaration as to status of future award

2 Remedies of the arbitrator: default proceedings

(a) General

(i) Total default

Arbitrator's powers at common law

Arbitrator's powers under section 5 of the 1979 Act

(ii) Partial default

D Situations and remedies: summary

Total breakdown of arbitration, for any reason

Prolonged inactivity by claimant

Prolonged inactivity by the respondent

Refusal by either party to comply with procedural obligations

Prolonged inactivity by the arbitrator

Serious mishandling of the reference

Lack of impartiality

Refusal to act, incapacity or death of the arbitrator

Jurisdictional problems

Problems as to the arbitrator's powers

Chapter 33 Remedies available after the reference

A Passive remedies

B Active remedies

1 Setting aside and remission

(a) Setting aside

(b) Remission

2 The jurisdiction to remit

3 Grounds for setting aside or remitting

(a) Misconduct

(b) Error on the face of the award

(c) Excess of jurisdiction

(d) Patent defects in the award

(e) Misunderstandings

(f) Mistakes by the arbitrator

(g) Fresh evidence

4 Choice of setting aside or remission

5 The effect of setting aside and remission

6 Procedure for setting aside and remission

7 Declaration of invalidity of award

8 Injunction to restrain enforcement of award

C The benevolent interpretation of awards

Chapter 34 Questions of jurisdiction

A Injunction to restrain arbitration

B Declaratory relief

C Arbitrator invoking the decision of the Court

D Arbitrator investigating his own jurisdiction

E Objections after publication of the award

Chapter 35 Waiver

A Waiver generally

B What may be waived

C Dealing with irregularities

Chapter 36 Appeals

A Introduction

1 The old system

2 The new system

B RSC Order 55

C The nature of the appeal

1 The old system

(a) Extent of duty to hear appeals

(b) Types of reviewable issues

(i) Conclusions of law

(ii) 'Primary'findings of fact

(iii) 'Secondary' findings of fact

(iv) Mixed conclusions of fact and law

(c) Nature of the review

2 The new system

(a) The Nema

(i) Conclusions of law

(ii) and (iii) 'Primary' and 'secondary' findings of fact

(iv) Mixed conclusions of fact and law

(b) The new system compared with 'error on the face'

(c) Finding of fact made without evidence

D Reasons

1 Introduction

2 The legislation

3 The duty to give reasons

(a) No reasons given

(b) Reasons given voluntarily

(c) Reasons given pursuant to a request

(d) Reasons for part of the award

(e) Reasons given pursuant to an order

4 What are reasons?

5 Inferences of fact

E Leave to appeal

1 Introduction

2 The Nema guidelines: a new philosophy

3 The Nema guidelines in practice

4 Application for leave to appeal

5 Citation of awards

6 Citation of decisions on leave to appeal

7 Enforcement of award pending appeal

(a) The old system

(b) The new system

8 Conditions on leave to appeal

(a) Security for costs

(b) Security for the amount of the award

(c) Limiting the scope of the appeal

(d) Costs

F Orders on appeal

1 Confirming the award

2 Varying the award

3 Setting aside

4 Remission

G Preliminary questions of law

1 The old system

2 The new system

(a) Interim award

(b) Determination of question of law under section 2

(i) First stage: the decision to invoke section 2

(ii) Second stage: the application

(iii) Third stage: the decision to entertain the application

Application by consent of arbitrator or umpire

Applications with the consent of all the parties

(iv) Fourth stage: the discretion

(v) Fifth stage: the decision

H Leave to appeal to the Court of Appeal

1 The old system

2 The new system

(a) Appeals on questions of law

(i) The certificate

(ii) Leave to appeal

(b) Appeals on procedural matters

I Exclusion agreements

1 Domestic and non-domestic agreements

2 'Special category' disputes

3 The terms of an exclusion agreement

Chapter 37 Procedures not by way of appeal

A Judicial control otherwise than by appeal

B The duty to apply the law

C Possible methods of recourse

1 Jurisdiction

2 Remission

3 Intervention in equity

4 Renunciation of mandate

5 Removal of the arbitrator

6 Judicial review

7 Misconduct

D 'Equity' clauses: amiable composition

1 The meaning of the clause

2 The duty of the arbitrator

3 The effect on the contract

4 The clause and the arbitration

5 Methods of appeal

Appendices

Appendix 1 Legislation affecting arbitration

PART 1. CURRENT LEGISLATION

Arbitration Act 1950

Administration of Justice Act 1970, s. 4 and Sch. 3

Arbitration Act 1975

Arbitration Act 1979

Arbitration Act 1979 (Commencement) Order 1979

Arbitration (Commodity Contracts) Order 1979

Limitation Act 1980, s. 34

Supreme Court Act 1981, s. 18

Rules of Supreme Court, Ord. 73

PART 2. STATUTES NO LONGER IN FORCE

Arbitration Act 1698

Civil Procedure Act 1833, ss. 39, 40

Common Law Procedure Act 1854, ss. 3-17

Supreme Court of Judicature Act 1884, s. 11

Arbitration Act 1889, ss. 1-12, 18-30, Schs. 1, 2

Administration of Justice Act 1920, s. 16

Arbitration Clauses (Protocol) Act 1924, ss. 1,2

Arbitration (Foreign Awards) Act 1930, ss. 8, 9

Arbitration Act 1934, ss. 1-21, Schs. 1-3

Appendix 2 Convention on the recognition and enforcement of foreign arbitral awards. Done at New York, on 10 June 1958

Appendix 3 Special case

A Duty to state a case

B Fetters on the special case procedure

C Drafting the special case

1 Formulating the question of law

2 Finding the facts

3 Contentions

4 Decision and alternative award

D Procedure on hearing of special case

1 Setting down and argument

2 Concurrent motion to remit or set aside the award

3 Powers of Court on hearing of special case

4 Appeal to Court of Appeal

5 Inferences and remission for further findings

Appendix 4 'Manifest disregard' under United States law

Appendix 5 Fact and law

1 Findings of fact

2 Mixed conclusions of fact and law

3 Conclusions of law

Index