This Section of this Practice Direction applies to arbitration claims to which Section I of Part 62 applies.

In this Section ‘the 1996 Act’ means the Arbitration Act 1996^Acts.

Where a rule provides for a document to be sent, it may be sent –

(1)	by first class post;

(2)	through a document exchange; or

(3)	by fax, electronic mail or other means of electronic communication.

An arbitration claim under the 1996 Act (other than under section 9) must be started in accordance with the High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996 by the issue of an arbitration claim form.

Where –

(1)	an arbitrator; or

(2)	ACAS (in a claim under the 1996 Act as applied with modifications by the ACAS Arbitration Scheme (England and Wales) Order 2001)

is sent a copy of an arbitration claim form (including an arbitration claim form sent under rule 62.6(2)), that arbitrator or ACAS (as the case may be) may –

(a)   apply to be made a defendant; or (b)   make representations to the court under paragraph 4.3.

An application under paragraph 4.1(2)(a) to be made a defendant –

(1)	must be served on the claimant; but

(2)	need not be served on any other party.

An arbitrator or ACAS may make representations by filing written evidence or in writing to the court.

An arbitration claim form may only be inspected with the permission of the court.

The following directions apply unless the court orders otherwise.

A defendant who wishes to rely on evidence before the court must file and serve his written evidence –

(1)	within 21 days after the date by which he was required to acknowledge service; or,

(2)	where a defendant is not required to file an acknowledgement of service, within 21 days after service of the arbitration claim form.

A party to arbitral proceedings being conducted in England or Wales who wishes to rely on section 43 of the 1996 Act to secure the attendance of a witness must apply for a witness summons in accordance with Part 34.

If the attendance of the witness is required within the district of a district registry, the application may be made at that registry.

A witness summons will not be issued until the applicant files written evidence showing that the application is made with –

(1)	the permission of the tribunal; or

(2)	the agreement of the other parties.

An application for an interim remedy under section 44 of the 1996 Act must be made in an arbitration claim form.

This paragraph applies to arbitration claims for the determination of –

(1)	a question as to the substantive jurisdiction of the arbitral tribunal under section 32 of the 1996 Act; and

(2)	a preliminary point of law under section 45 of the 1996 Act.

Where an arbitration claim is made without the agreement in writing of all the other parties to the arbitral proceedings but with the permission of the arbitral tribunal, the written evidence or witness statements filed by the parties must set out any evidence relied on by the parties in support of their contention that the court should, or should not, consider the claim.

As soon as practicable after the written evidence is filed, the court will decide whether or not it should consider the claim and, unless the court otherwise directs, will so decide without a hearing.

Having regard to the overriding objective the court may decide particular issues without a hearing. For example, as set out in paragraph 9.3, the question whether the court is satisfied as to the matters set out in section 32(2)(b) or section 45(2)(b) of the 1996 Act.

The court will generally decide whether to extend the time limit under section 70(3) of the 1996 Act without a hearing. Where the court makes an order extending the time limit, the defendant must file his written evidence within 21 days from service of the order.

An application for an order under rule 62.9(1) –

(1)	before the period of 28 days has expired, must be made in a Part 23 application notice; and

(2)	after the period of 28 days has expired, must be set out in a separately identified part in the arbitration claim form.

Where a party seeks permission to appeal to the court on a question of law arising out of an arbitration award, the arbitration claim form must –

(1)	identify the question of law; and

(2)	state the grounds

on which the party alleges that permission should be given.

This Section of this Practice Direction applies to arbitration claims to which Section II of Part 62 applies.

An arbitration claim must be started in the Commercial Court and, where required to be heard by a judge, be heard by a judge of that court unless he otherwise directs.

This Section of this Practice Direction applies to enforcement proceedings to which Section III of Part 62 applies.

Awards ordered to be registered under the 1966 Act and particulars will be entered in the Register kept for that purpose at the Admiralty and Commercial Registry.