ENGLAND & WALES Law and Practice Contributed by: James Stacey, Peter Wickham, Samantha Holland and William Humphries, Slaughter and May
• where the disclosure of documents is ordered or permitted by the court; • where disclosure is reasonably required to estab - lish or protect a party’s legal rights; and • where disclosure is necessary in the interests of justice. Unless the court orders otherwise, arbitration-related claims before the English High Court are heard in pri - vate, except for applications to determine a preliminary point of law (Section 45) and appeals on a point of law arising out of an award (Section 69) (CPR 62.10). In general, English court judgments on arbitration claims are published, even if the relevant hearing was pri - vate, although judgments may be anonymised (ie, the parties are not identifiable) and certain commercially sensitive information may be redacted. In Manchester City Football Club Ltd v The Football Association Pre- mier League Ltd and others [2021] EWCA Civ 1110, the Court of Appeal upheld a decision permitting the publication of a judgment dismissing challenges to an award under the 1996 Act, as the public interest in publication of the judgment outweighed any duty of confidentiality, and publication would not lead to the disclosure of significant confidential information. 10. The Award 10.1 Legal Requirements Unless the parties agree otherwise, a majority of the tribunal must agree to an award (Section 20 (3)). The parties are free to agree on the form of an award (Section 52 (1)). Otherwise, the award must: • be in writing and signed by all the arbitrators or all those assenting to the award (Section 52 (3)); • contain reasons for the award, unless it is an agreed award or the parties have agreed to dis - pense with reasons (Section 52 (4)); and • state the seat of the arbitration and the date when the award was made (Section 52 (5)). The term “in writing” means recorded by any means, including as an electronic document (Section 5 (6)).
The 1996 Act does not specify a time limit in which an award must be delivered, except that: • where an award is remitted by the court to the tribunal, the tribunal shall make its award within three months of the date of the order for remission, unless the court orders otherwise (Section 71 (3)); • any correction of the award must be made within 28 days from when the application was received by the tribunal or, if the correction is made at the initiative of the tribunal, within 28 days of the award (Section 57 (5)); and • any additional award must be made within 56 days of the original award (Section 57 (6)). Time limits for corrections and additional awards can be extended by agreement of the parties (Sections 57 (5)–(6)). 10.2 Types of Remedies Unless the parties agree otherwise, the tribunal has the power to grant the following remedies: • make a declaration about any matter to be deter - mined in the proceedings (Section 48 (3)); • order the payment of a sum of money in any cur - rency (Section 48 (4)); • order a party to do or refrain from doing anything (Section 48 (5)(a)); • order specific performance of a contract (other than a contract relating to land) (Section 48 (5)(b)); and • order the rectification, setting aside or cancellation of a deed or other document (Section 48 (5)). In addition, the parties can agree that the tribunal will have the power to order on an interim basis any relief it would have the power to grant in a final award (Sec - tion 39). Under English law, punitive (exemplary) damages are not recoverable for breach of contract ( Addis v Gramophone Company Limited [1909] A.C. 488) but may be recoverable in certain tort claims. However, it may be possible for the parties to agree in writing that the tribunal has the power to award punitive damages (Section 48).
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