Section 70: Challenge or appeal: supplementary provisions., Arbitration Act 1996

The following provisions apply to an application or appeal under section 67, 68 or 69.

An application or appeal may not be brought if the applicant or appellant has not first exhausted—

any available arbitral process of appeal or review, and

any available recourse under section 57 (correction of award or additional award).

Any application or appeal must be brought within 28 days of the applicable date.

In subsection (3), "the applicable date" means—

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;

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;

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;

in any other case, the date of the award.

For the purposes of subsection (3A)—

a correction to an award,

an additional award, or

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.

If on an application or appeal it appears to the court that the award—

does not contain the tribunal's reasons, or

does not set out the tribunal's reasons in sufficient detail to enable the court properly to consider the application or appeal,

the court may order the tribunal to state the reasons for its award in sufficient detail for that purpose.

Where the court makes an order under subsection (4), it may make such further order as it thinks fit with respect to any additional costs of the arbitration resulting from its order.

The court may order that any money payable under the award shall be brought into court or otherwise secured pending the determination of the application or appeal, and may direct that the application or appeal be dismissed if the order is not complied with.

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).

Section 70: Challenge or appeal: supplementary provisions.

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