171.—(1) Sections 80(1), (2), (4), (5), (6) and (7) of the Arbitration Act 1996 shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modification.
(2) In subsection (1) for “to the other parties to the arbitral proceedings, or to the tribunal” substitute “to the other party to the arbitral proceedings, or to the arbitrator, or to ACAS”.
172. Any notice or other document required or authorised to be given or served on ACAS or the ACAS Arbitration Section for the purposes of the arbitral proceedings shall be sent by pre-paid post to the following address:
ACAS Arbitration Section
ACAS Head Office
Brandon House
180 Borough High Street
London SE1 1LW
or transmitted by facsimile, addressed to the ACAS Arbitration Section, at the number stipulated in the ACAS Guide to the Scheme,
or by electronic mail, at the address stipulated in the ACAS Guide to the Scheme.
173. Paragraph 172 (above) does not apply to the service of documents on the ACAS Arbitration Section for the purposes of legal proceedings.
174. Any notice or other document required or authorised to be given or served on any person or entity (other than ACAS or the ACAS Arbitration Section) for the purposes of the arbitral proceedings may be served by any effective means.
175. If such a notice or other document is addressed, pre-paid and delivered by post:
(i)to the addressee’s last known principal residence or, if he or she is or has been carrying on a trade, profession or business, his or her last known principal business address, or
(ii)where the address is a body corporate, to the body’s registered or principal office,
it shall be treated as effectively served.
176. Paragraphs 174 and 175 (above) do not apply to the service of documents for the purposes of legal proceedings, for which provision is made by rules of court.
177.—(1) Section 77 of the Arbitration Act 1996(1) shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modifications.
(2) In subsection (1) omit “in the manner agreed by the parties, or in accordance with provisions of section 76 having effect in default of agreement,”.
(3) In subsection (2) for “Unless otherwise agreed by the parties, the court” substitute “The High Court or Central London County Court”.
(4) In subsection (3) for “Any party to the arbitration agreement may apply” substitute “ACAS or any party to the arbitration agreement may apply”.
178.—(1) Sections 78(2), (3), (4) and (5) of the Arbitration Act 1996 shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modification.
(2) In subsection (2)—
(a)omit “If or to the extent that there is no such agreement,”;
(b)after “periods of time” insert “provided for in any provision of this Part”.
Section 77 of the Arbitration Act 1996 provides as follows:
“77.—(1) This section applies where service of a document on a person in the manner agreed by the parties, or in accordance with provisions of section 76 having effect in default of agreement, is not reasonably practicable.
(2) Unless otherwise agreed by the parties, the court may make such order as it thinks fit—
(a)for service in such manner as the court may direct, or
(b)dispensing with service of the document.
(3) Any party to the arbitration agreement may apply for an order, but only after exhausting any available arbitral process for resolving the matter.
(4) The leave of the court is required for any appeal from a decision of the court under this section.”
Sections 78(2), (3), (4) and (5) of the Arbitration Act 1996 provide as follows:
“78.—(2) If or to the extent there is no such agreement, periods of time shall be reckoned in accordance with the following provisions.
(3) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(4) Where the act is required to be done a specified number of clear days after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
(5) Where the period is a period of seven days or less which would include a Saturday, Sunday or a public holiday in the place where anything which has to be done within the period falls to be done, that day shall be excluded.
In relation to England and Wales or Northern Ireland, a “public holiday” means Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday.”