Ireland - National Report - World Arbitration Reporter (WAR) - 2nd Edition

Originally from:  

World Arbitration Reporter - 2nd Edition - Looseleaf

World Arbitration Reporter - 2nd Edition - Electronic

IRELAND

John P. Gaffney∗

I. INTRODUCTION: ARBITRATION IN IRELAND –
HISTORY AND INFRASTRUCTURE

A. History and Current Legislation on Arbitration

1. Historical evolution of law relating to arbitration

Ireland has a long custom of supporting arbitration. Historically, arbitration has always been of particular importance in Ireland for the resolution of disputes. Ancient Brehon laws attributed great weight to arbitration and that continued with the introduction of the common law to Ireland and the passing of the first arbitration statute in 1698. The statute remained in force until the passing of the Arbitration Act in 1954.

2. Current law

a) Domestic arbitration law

Domestic arbitration is governed by the Arbitration Act 1954 (1954 Act), which was subsequently amended by the Arbitration Act 1980 (1980 Act). While the 1980 Act was largely of a supplemental nature its main purpose was to give effect in Ireland to both the New York Convention 1958 and the Washington Convention 1965.

b) International arbitration law

International arbitration is governed by the Arbitration (International Commercial Act) 1998 (1998 Act) (the 1954, 1980, and 1998 Acts shall be collectively referred to as the ‘Arbitration Acts’). This Act adopted the UNCITRAL Model Law, in the form annexed thereto (which shall be referred to in this Report as the ‘Model Law’), as the basis for arbitration in relation to international disputes.

IRELAND

I. INTRODUCTION: ARBITRATION IN IRELAND- HISTORY AND INFRASTRUCTURE

A. History and Current Legislation on Arbitration

1. Historical evolution of law relating to arbitration

2. Current law

a) Domestic arbitration law

b) International arbitration law

3. Law reform projects

4. Confidentiality and publication of awards

a) Privacy of proceedings

b) Publication of awards

B. Arbitration Infrastructure and Practice in Ireland

1. Major arbitration institutions

2. Number of cases and other statistics

3. Development of arbitration compared with litigation

II. CURRENT LAW AND PRACTICE

A. Arbitration Agreement

1. Types of validity of agreement

a) Clauses and submission agreements

b) Minimum essential content

i. The number of arbitrators it appoint

ii. Qualifications of the arbitrator(s)

iii. Replacement of the arbitrator(s)

c) Form requirements

i. Domestic arbitration

ii. International arbitration

d) Incorporation by reference

e) Interpretation

2. Enforcing arbitration agreements

a) Domestic arbitration

b) International arbitration

3. Termination and breach

a) Domestic arbitration

b) International arbitration

B. Doctrine of Separability

1. Statutory provisions

a) Domestic arbitration

b) International arbitration

2. Practice and case law

1. Domestic arbitration

2. International arbitration

 D. Arbitrability

 E. Arbitral Tribunal

 1. Status and qualifications of arbitrators

a) Number of arbitrators

i. Domestic arbitration

ii. International arbitration

b) Legal status

i. Domestic arbitration

ii. International arbitration

c) Qualifications and accreditation requirements

i. Domestic arbitration

ii. International arbitration

d) Arbitrators’ rights and duties

e) Relevant codes of ethics

2. Appointment of arbitrators

a) Methods of appointment

i. Extent of party autonomy to establish appointment procedure

a. Domestic arbitration

b. International arbitration

ii. Procedure in absence of parties’ agreement

a. Domestic arbitration

b. International arbitration

iii. Effect of party’s refusal to co-operate in the constitution of the tribunal

a. Domestic arbitration

b. International arbitration

b) Appointing authorities

c) Payment agreements

d) Resignation and its consequences

3. Challenge and removal

a) Grounds for challenge

i. Domestic arbitration

ii. International arbitration

b) Procedure for challenge

i. Domestic arbitration

ii. International arbitration

 c) Removal procedure

i. Domestic arbitration

ii. International arbitration

d) Replacement of arbitrators

i. Domestic arbitration

ii. International arbitration

4. Arbitrator liability and immunity

F. Conducting the Arbitration

1. Law governing procedure

a) Determination of law and the rules governing procedure

b) Notion and role of seat of arbitration

c) Methods for selection of seat absent party choice

i. Domestic arbitration ii. International arbitration

2. Conduct of arbitration

a) Party autonomy and arbitrators’ power to determine procedure

b) Party autonomy and arbitrator’s power to determine procedure

c) Style and characteristics of the oral hearing

d) Documents only arbitrations

e) Submissions and notifications

f) Legal representation

3. Taking of evidence

a) Admissibility

b) Burden of proof

c) Standards of proof

d) Evidentiary means – in general

e) Documentary evidence and privilege

f) Production of documents

g) Witnesses

i. Domestic arbitration

ii. International arbitration

h) Tribunal-appointed experts

i. Party-appointed experts

4. Interim measures of protection

a) Domestic arbitration

b) International arbitration

5. Interaction between national courts and arbitration tribunals 

a) Domestic arbitration

b) International arbitration

6. Multiparty, multi-action, and multi-contract arbitration

7. Law and rules of law applicable to the merits

a) Domestic arbitration

b) International arbitration

8. Costs

G. Arbitration Award

1. Types of awards

a) Partial awards

b) Final awards

c) Interim awards

i. Domestic arbitration

ii. International arbitration

d) Consent awards

i. Domestic arbitration

ii. International arbitration

2. Form requirements

a) Essential content

i. Domestic arbitration

ii. International arbitration

b) Reasons

i. Domestic arbitration

ii. International arbitration

c) Time limits for making an award

3. Remedies

a) Damages

b) Specific performance

c) Other Typical remedies

d) Interest

4. Settlement

a) Domestic arbitration

b) International arbitration

5. Effects of award

a) Domestic arbitration

b) International arbitration

6. Correction, supplementation, and amendment

a) Correcting the award

i. Domestic arbitration

ii. International arbitration

b) Interpretation of award

H. Challenge and Other Actions against the Award

1. Domestic arbitration

2. International arbitration

III. RECOGNITION AND ENFORCEMENT OF AWARDS

A. Domestic Awards

B. Foreign Awards  

1. Various regulatory regimes

a) Domestic rules

b) New York Convention

c) Other international conventions

d) Court practice applying regimes other than the New York Convention

2. Application of New York Convention by local courts

a) Grounds for refusing recognition and enforcement

b) Enforcement procedure

c) Public policy as a ground to refuse enforcement

d) Examples from practice

IV. APPENDICES AND RELEVANT INSTRUMENTS

A. National Legislation (See CD-ROM)

1. Arbitration Act, 1954

2. Arbitration Act, 1980

3. Arbitration Act, 1998

B. Major Arbitration Institutions 

C. Cases

D. Bibliography

John Gaffney is an associate with the International Arbitration Group of Freshfields Bruckhaus Deringer based in Paris. Previous to joining Freshfields, Mr. Gaffney worked with two leading commercial law firms in Ireland, the international law firm, Skadden Arps, in London, and the United Nations Compensation Commission in Geneva. He specialises in the resolution of complex energy-related and construction disputes. Mr. Gaffney is listed in the International Who's Who of Commercial Arbitration (2010). He is also a member of a number of international and domestic arbitration panels. He has published widely on international dispute resolution, including the contribution of chapters to a number of international texts, and is an associate editor with two leading online international dispute resolution publications. Mr. Gaffney was educated at the National University of Ireland, where he was awarded the BCL and LL.B degrees and a Diploma in International Arbitration. John earned a LL.M with distinction from the University of Amsterdam in 1998. He was admitted to the Roll of Solicitors in England and Wales in 2007 and to the Roll of Solicitors in Ireland in 1994.