Northern Ireland Statutory Rule
2012
United Kingdom
The Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012
At a glance
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Browse 132 other sections — procedural / definitional / commencement
The Labour Relations Agency Arbitration Scheme (“the Scheme”) is implemented...
The Scheme provides a voluntary alternative, in the form of...
Resolution of disputes under the Scheme is intended to be...
The Scheme also caters for requirements imposed as a matter...
As more fully explained below, cases enter the Scheme by...
Routing of communications
Paragraph 120 sets out the manner in which any document,...
In the Scheme – “claimant” means any person entitled to...
With the exception of paragraph 18(a) (“Requirements for entry into...
Every agreement to refer a dispute to arbitration under this...
Cases that are covered by the Scheme
The Scheme does not extend to other kinds of claim...
Any claim other than a qualifying claim that forms part...
Waiver of jurisdictional issues
Accordingly, when agreeing to refer a dispute to arbitration under...
In agreeing to arbitration under the Scheme, the parties to...
The Scheme is an entirely voluntary system of dispute resolution,...
Requirements for entry into the Scheme
Where an agreement fails to satisfy any one of these...
Where: (a) a dispute concerning a qualifying claim as well...
Notification to the LRA of an Arbitration Agreement
For the purposes of paragraph 21, an Arbitration Agreement is...
Where an Arbitration Agreement is not notified to the LRA...
Any such hearing and award will be governed by the...
Consolidation of proceedings
Withdrawal by the claimant
Withdrawal by the respondent
Settlement
If such an agreement is reached: (a) upon the joint...
An agreed award shall state that it is an award...
In making an award by consent under paragraph 30, the...
The LRA Arbitration Panel
Appointment to a case
Once the LRA has been notified of a valid Arbitration...
Arbitrators’ duty of disclosure
Once appointed, and until the arbitration is concluded, every arbitrator...
Removal of an arbitrator
Applications under the Scheme to remove an arbitrator on any...
If the LRA refuses such an application, a party may...
(1) Section 24(1)(a) and (c), (2), (3), (5) and (6)...
The arbitrator may continue the proceedings and make an award...
Death of an arbitrator
Replacement of an arbitrator
Once appointed, the replacement arbitrator shall determine whether and, if...
The arbitrator shall: (a) act fairly and impartially as between...
The arbitrator shall comply with the general duty (see paragraph...
The parties shall do all things necessary for the proper...
Arbitrations, and all associated procedures under the Scheme, are strictly...
The arbitrator, the parties and an officer of the LRA...
Initial arrangements
Once an arbitrator has been appointed a hearing shall be...
The LRA, in conjunction with the arbitrator, shall decide the...
The LRA shall contact all parties with details of the...
Expedited hearings
Venue
Assistance
Travelling expenses or loss of earnings
No loss of earnings is payable by the LRA to...
Applications for postponements of initial hearings
If the application is rejected, the initial hearing will be...
This provision does not affect the arbitrator’s general discretion with...
If a party fails to comply with any aspect of...
Once a hearing has been fixed, the following procedure shall...
Written materials
Supporting documentation or other material may include (where applicable and...
The parties must also supply details of any relevant awards...
Legible copies of documents must be supplied to the LRA...
No information on the conciliation process, if any, in respect...
Submissions, evidence and witnesses not previously notified
All representatives and witnesses who have been listed as accompanying...
Requests for documents
Requests for attendance of witnesses
Preliminary hearings and directions
In the course of a preliminary hearing or through the...
Arbitrator’s overall discretion
Administration
Witnesses
Examination by the arbitrator
Representatives
Strict rules of evidence
Interim relief
Non-attendance at the hearing
In the case of the non-attendance of the claimant, if...
Post-hearing written materials
Appointment of legal adviser
The legal adviser will be appointed by the LRA, to...
The arbitrator shall allow the legal adviser to attend the...
The parties shall be given a reasonable opportunity to comment...
Court determination of preliminary points
Form of the award
The award (unless it is an award by consent under...
Awards on different issues
The arbitrator may, in particular, make an award relating:
If the arbitrator does so, he or she shall specify...
Remedies
(1) The remedies available to the arbitrator shall be those...
The arbitrator’s award shall be sent by the LRA to...
The award shall be confidential, and shall be issued only...
Scrutiny of awards by the LRA
Correction by the arbitrator
In so far as any such correction or additional award...
Any application by a party for the exercise of this...
Any correction of the award shall be made within 28...
Any additional award shall be made within 56 days beginning...
Any correction of the award shall form part of the...
Effect of awards
This does not affect the right of a person to...
Enforcement
Interest
Challenges on grounds of substantive jurisdiction
Challenging the award: serious irregularity
Appeals on questions of EC law and the Human Rights Act 1998
Time limits and other procedural restrictions on challenges to awards
Common law challenges and saving
Challenge or appeal: effect of order of the court
If a party to arbitral proceedings under this Scheme takes...
An arbitrator under this Scheme is not liable for any...
The LRA, by reason of having appointed an arbitrator or...
Requirements in connection with legal proceedings
Service of documents and notices to the LRA
Service of documents or notices on any other person or entity (other than the LRA)
If such a notice or other document is addressed, pre-paid...
Powers of court in relation to service of documents
Reckoning periods of time
Territorial application
Citation and commencement
Interpretation
Revocations and savings
Commencement of the Scheme
Application of Part I of the Arbitration Act 1996
Application of Terms of Reference
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