Irish Senate passes Arbitration Act 2010 | Practical Law

Irish Senate passes Arbitration Act 2010 | Practical Law

An update on the Irish Arbitration Bill 2008 which was passed by the Irish Senate on 24 February 2010.

Irish Senate passes Arbitration Act 2010

Practical Law Legal Update 5-501-6183 (Approx. 2 pages)

Irish Senate passes Arbitration Act 2010

by PLC Arbitration
Published on 03 Mar 2010 • Ireland
An update on the Irish Arbitration Bill 2008 which was passed by the Irish Senate on 24 February 2010.
On 24 February 2010, the Irish Senate passed the Irish Arbitration Bill 2008 which will provide the statutory framework for arbitration in Ireland. The Bill will now go to the Irish President for signature and the new Irish Arbitration Act (the Act) will enter into force in about three months' time. The Bill, which is based on the UNCITRAL Model Law, abolishes the distinction between domestic and international arbitration (which exists in the current legislation). It contains a number of other notable provisions, in particular:
  • Applications made under the Act will be referred to the President of the Irish High Court.
  • The High Court will have the same powers that arise under Articles 9 and 27 of the Model Law, that is, to grant interim measures and to assist with the taking of evidence. However, when exercising such powers, the High Court cannot make an order relating to security for costs or for the discovery of documents.
  • There will be no appeal against High Court decisions regarding applications for a stay, for the setting aside of an award and for the recognition and enforcement of an award.
  • The arbitration agreement may be made in electronic form.
The final text of the Bill is not yet available.
Source: Irish Parliament