Lords committee stage. Clause 1, as amended, agreed to. Clauses 2 to 10 agreed to. Clause 11, as amended, agreed to. Clauses 12 to 18 agreed to. Bill reported with amendments (HL Bill 59).

Lords committee stage. Clause 1, as amended, agreed to. Clauses 2 to 10 agreed to. Clause 11, as amended, agreed to. Clauses 12 to 18 agreed to. Bill reported with amendments (HL Bill 59).

Moved by

Lord Bellamy

1: Clause 1, page 1, line 13, leave out “, of itself,”

Member’s explanatory statement

This amendment does not change the effect of the provision, and follows comments from respondents to the Committee’s call for evidence that the omitted words are unnecessary and cause confusion.

Moved by

Lord Bellamy

1: Clause 1, page 1, line 13, leave out “, of itself,”

Member’s explanatory statement

This amendment does not change the effect of the provision, and follows comments from respondents to the Committee’s call for evidence that the omitted words are unnecessary and cause confusion.

My Lords, in moving Amendment 1 to Clause 1, I extend my thanks and appreciation first to the Law Commission for all the work that has gone into the preparation of this Bill and secondly to the many stakeholders who submitted evidence to the Special Public Bill Committee, as well...

My Lords, in moving Amendment 1 to Clause 1, I extend my thanks and appreciation first to the Law Commission for all the work that has gone into the preparation of this Bill and secondly to the many stakeholders who submitted evidence to the Special Public Bill Committee, as well...

My Lords, I will briefly make a few observations. First, I thank the clerk of the Committee, who has been invaluable to us all and extremely diligent in the work that he has done. One will have the opportunity no doubt to thank him again at a further stage of...

My Lords, I will briefly make a few observations. First, I thank the clerk of the Committee, who has been invaluable to us all and extremely diligent in the work that he has done. One will have the opportunity no doubt to thank him again at a further stage of...

My Lords, I want to add to what the noble and learned Lord, Lord Thomas, has just said, and I add my thanks to everyone that he thanked. I express the deep gratitude of the Members of the Committee that he so ably led for his chairmanship throughout, his inspired...

My Lords, I want to add to what the noble and learned Lord, Lord Thomas, has just said, and I add my thanks to everyone that he thanked. I express the deep gratitude of the Members of the Committee that he so ably led for his chairmanship throughout, his inspired...

My Lords, I too thank the noble and learned Lord, Lord Thomas. I have indeed had an amusing and interesting excursion into the world of arbitration. I sit on this Committee as a layman and it has been interesting to hear through various submissions the expert views of so many...

My Lords, I too thank the noble and learned Lord, Lord Thomas. I have indeed had an amusing and interesting excursion into the world of arbitration. I sit on this Committee as a layman and it has been interesting to hear through various submissions the expert views of so many...

My Lords, I again associate myself and the Government with the thanks to everyone that have been enunciated this morning, particularly to the noble and learned Lord, Lord Thomas, for his chairmanship of the Committee. One point that arises from the remarks that have been made is the question that...

My Lords, I again associate myself and the Government with the thanks to everyone that have been enunciated this morning, particularly to the noble and learned Lord, Lord Thomas, for his chairmanship of the Committee. One point that arises from the remarks that have been made is the question that...

My Lords, may I say how grateful I am to the Minister for his last remarks? It is a misfortune in the experience of those who are lawyers that sometimes someone only sees a point at the very last minute. It is not unusual and no one is to be...

My Lords, may I say how grateful I am to the Minister for his last remarks? It is a misfortune in the experience of those who are lawyers that sometimes someone only sees a point at the very last minute. It is not unusual and no one is to be...

Moved by

Lord Mendelsohn

2: After Clause 6, insert the following new Clause—

“Amendment to the Arbitration Act 1996 (General Principles)

In Section 1 of the Arbitration Act 1996, after paragraph (c) insert—

“(d) an arbitration tribunal must not purport to exceed its jurisdiction in accordance with the Act and, in particular, must not make...

Moved by

Lord Mendelsohn

2: After Clause 6, insert the following new Clause—

“Amendment to the Arbitration Act 1996 (General Principles)

In Section 1 of the Arbitration Act 1996, after paragraph (c) insert—

“(d) an arbitration tribunal must not purport to exceed its jurisdiction in accordance with the Act and, in particular, must not make...

My Lords, I am grateful for the opportunity to place this amendment before this Special Public Bill Committee. I am not highly experienced with such hybrid procedures and so, while I hope that your Lordships will guide me, you will be pleased to hear that I will also use brevity....

My Lords, I am grateful for the opportunity to place this amendment before this Special Public Bill Committee. I am not highly experienced with such hybrid procedures and so, while I hope that your Lordships will guide me, you will be pleased to hear that I will also use brevity....

My Lords, I thank the noble Lord for his amendment and his remarks. The Government are entirely clear that arbitration tribunals should confine themselves to their jurisdiction and to matters properly subject to that arbitration. That is clear from the Arbitration Act 1996 itself, which provides a regime for the...

My Lords, I thank the noble Lord for his amendment and his remarks. The Government are entirely clear that arbitration tribunals should confine themselves to their jurisdiction and to matters properly subject to that arbitration. That is clear from the Arbitration Act 1996 itself, which provides a regime for the...

I thank the Minister for that assurance and beg leave to withdraw the amendment.

I thank the Minister for that assurance and beg leave to withdraw the amendment.

Moved by

Lord Bellamy

3: Clause 11, page 6, line 29, at end insert “subject to the court ruling otherwise in the interests of justice”

Member's explanatory statement

This amendment provides that court rules within subsection (3C) restricting the raising of new grounds for objection, the consideration of new evidence or the rehearing of...

Moved by

Lord Bellamy

3: Clause 11, page 6, line 29, at end insert “subject to the court ruling otherwise in the interests of justice”

Member's explanatory statement

This amendment provides that court rules within subsection (3C) restricting the raising of new grounds for objection, the consideration of new evidence or the rehearing of...

My Lords, I shall also speak to Amendments 4 to 7 to Clause 11, which, effectively, enables certain procedural reforms to take place in procedures under Section 67 of the Arbitration Act 1996, where a party challenges an arbitral award before the court on the basis that the tribunal had...

My Lords, I shall also speak to Amendments 4 to 7 to Clause 11, which, effectively, enables certain procedural reforms to take place in procedures under Section 67 of the Arbitration Act 1996, where a party challenges an arbitral award before the court on the basis that the tribunal had...

My Lords, I warmly support the amendments and I thank the Minister for bringing them forward. I commend parliamentary counsel on the elegance with which they have drafted the short amendments needed.

This is by far the most important matter before the Committee because it has been a fundamental principle of...

My Lords, I warmly support the amendments and I thank the Minister for bringing them forward. I commend parliamentary counsel on the elegance with which they have drafted the short amendments needed.

This is by far the most important matter before the Committee because it has been a fundamental principle of...

My Lords, I agree with everything that the noble and learned Lord, Lord Thomas, has said. I have one or two small points to add. The first concerns his allusion to the need to be clear. We heard earlier from him and the noble Lord, Lord Ponsonby, about how important...

My Lords, I agree with everything that the noble and learned Lord, Lord Thomas, has said. I have one or two small points to add. The first concerns his allusion to the need to be clear. We heard earlier from him and the noble Lord, Lord Ponsonby, about how important...

My Lords, I thank noble Lords for their support for these amendments, which I commend to the Committee.

My Lords, I thank noble Lords for their support for these amendments, which I commend to the Committee.

Moved by

Lord Bellamy

4: Clause 11, page 6, line 35, leave out first “heard by” and insert “put before”

Member's explanatory statement

This amendment makes clear that the evidence mentioned in subsection (3C)(b) includes written evidence as well as oral evidence.

5: Clause 11, page 6, line 35, leave out second “heard” and insert...

Moved by

Lord Bellamy

4: Clause 11, page 6, line 35, leave out first “heard by” and insert “put before”

Member's explanatory statement

This amendment makes clear that the evidence mentioned in subsection (3C)(b) includes written evidence as well as oral evidence.

5: Clause 11, page 6, line 35, leave out second “heard” and insert...

This clause seeks to remove the special provisions in relation to domestic arbitration from the Act, and it is entirely right to do so. However, it gives rise to a question that needs to be addressed, particularly because the broad powers of the court are being removed in respect of...

This clause seeks to remove the special provisions in relation to domestic arbitration from the Act, and it is entirely right to do so. However, it gives rise to a question that needs to be addressed, particularly because the broad powers of the court are being removed in respect of...

My Lords, in view of the noble and learned Lord’s indication that he is not pressing for the removal of these clauses—which, incidentally, have never been brought into effect—I will say a word

or two about the important underlying issue that he raised about corruption. This was raised in the...

My Lords, in view of the noble and learned Lord’s indication that he is not pressing for the removal of these clauses—which, incidentally, have never been brought into effect—I will say a word

or two about the important underlying issue that he raised about corruption. This was raised in the...