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Rules of the Superior Courts

Amendment to: Order 56
S.I. No. 150 of 2012: Rules of the Superior Courts (Arbitration) 2012


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2. The Rules of the Superior Courts are amended by the insertion immediately following rule 6 of Order 56 of the following rule:

      “6A. On the return date of any application by originating notice of motion—

      (a) in proceedings to which the Arbitration Acts 1954 to 1998 apply, for an order setting aside an arbitration award or remitting an arbitration award to an arbitrator or umpire, or

      (b) for an order referred to in paragraph (i) of rule 3(1),

      the Court shall give directions and make orders for the conduct of the proceedings as appear convenient for the determination of the proceedings, which may include—


        (i) directions as to the exchange of points of claim or defence between the parties,

        (ii) directions as to the exchange of memoranda between or among the parties for the purpose of the agreeing by the parties or the fixing by the Court of any issues of fact or law to be determined in the proceedings on the application, or orders fixing such issues,

        (iii) a direction that the application be determined by way of plenary hearing, where it appears to the Court that the subject matter of the application is likely to involve a substantial dispute of fact or it is otherwise necessary or desirable in the interests of justice (and the Court may for that purpose make orders and give directions in relation to the exchange of pleadings between the parties),

        (iv) directions as to the furnishing by the parties to the Court and delivery of written submissions.”.

3. Notwithstanding the provisions of the Rules of the Superior Courts (Arbitration) 2010 (S.I. No. 361 of 2010), Order 56, rule 6A of the Rules of the Superior Courts shall apply to proceedings concerning any arbitration initiated before the repeal by section 4 of the Arbitration Act 2010 of the Arbitration Acts 1954 to 1998.