s.2Interpretation
2
Section 2Part 1 — PRELIMINARY

Interpretation

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In this Law —
means —
any person or authority chosen by the parties to appoint an arbitrator; or
any person or authority designated by the court to appoint an arbitrator in circumstances where the parties fail to agree on the appointment of an arbitrator;
means a member of an arbitral tribunal;
means a sole arbitrator, a panel of arbitrators or an arbitral institution and the expression "tribunal" shall be construed accordingly;
means an agreement by parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether or not contractual;
means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any order or direction made under section 38(2);
means the person appointed under section 7 of the Grand Court Law (2008 Revision);
in relation to arbitral proceedings includes —
information that relates to the arbitral proceedings or to an award made in those proceedings;
the statement of claim, statement of defence, and all other pleadings, submissions, statements, or other information supplied to the arbitral tribunal by a party;
any evidence supplied to the arbitral tribunal;
any notes made by the arbitral tribunal of oral evidence or submissions given before the arbitral tribunal;
any transcript of oral evidence or submissions given before the arbitral tribunal;
any rulings of the arbitral tribunal; or
any award of the arbitral tribunal;
means the Grand Court or where the context requires, any other court of competent jurisdiction;
in relation to confidential information, includes publishing or communicating or otherwise supplying the confidential information;
means a person who is admitted or entitled to practise as an attorney-at-law in the Islands or in any other place other than the Islands;
unless the context otherwise requires, means —
a party to an arbitration agreement;
a person involved in the arbitration proceedings; or
any person claiming through or under a party to an arbitration agreement or a party to the arbitration proceedings;
has the meaning assigned by the Public Holidays Law (2007 Revision);
unless the context otherwise requires, means the referral of a dispute to arbitration;
mean the Rules of the Grand Court; and
means the juridical seat of the arbitration designated by —
the parties to the arbitration agreement; or
any arbitral tribunal or person authorised by the parties for that purpose, or, in the absence of such designation, determined by the court, having regard to the arbitration agreement and all relevant circumstances.
Where any provision in this Law allows the parties to determine any issue, the parties may authorise a third party, including an arbitral tribunal, to make the determination.
Where any provision in this Law refers to the fact that the parties have agreed or that they may agree, or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules incorporated in that agreement.
Where any provision in this Law refers to a claim, it also applies to a cross-claim or counter-claim, and where such provision refers to a defence, it also applies to a defence to a cross-claim or counter-claim.

Defined Terms

appointing authorityarbitratorarbitral tribunalarbitration agreementawardClerk of the Courtconfidential informationcourtdisclosurelegal practitionerpartypublic general holidayreferenceRules of Courtseat of the arbitration

Cross References