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Rules of the Superior Courts

Amendment to: Order 11
S.I. No. 361 of 2010: Rules of the Superior Courts (Arbitration) 2010


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2. Nothing in these Rules shall:

      (a) affect the validity of any step taken or any other thing done in any proceedings concerning any arbitration initiated before the repeal by section 4 of the Arbitration Act 2010 of the Arbitration Acts 1954 to 1998 (in this Article, the “repeal”), and any such proceedings shall, save where the court in those proceedings otherwise orders, be continued and completed as if these Rules had not been made;

      (b) require that any proceedings, whether or not pending before a court or before an arbitral tribunal at the time of the repeal, in respect of any right, privilege, obligation or liability acquired, accrued or incurred under the Arbitration Acts 1954 to 1998 be taken in accordance with these Rules and any proceedings taken under those Acts in respect of any such right, privilege, obligation or liability may be instituted, continued or enforced as if these Rules had not been made.

3. The Rules of the Superior Courts are amended:
      (i) by the substitution in rule 1 of Order 11, for paragraphs (k), (l), (q) and (s) respectively, of the following paragraphs respectively:

        “(k) the proceeding relates to an arbitration held or to be held within the jurisdiction or to the enforcement of an award or an interim measure made by an arbitral tribunal in an arbitration so held;”;

        “(l) the proceeding relates to the enforcement of an award made by an arbitral tribunal, having its seat outside the jurisdiction or of the pecuniary obligations imposed by such an award;”;

        “(q) the proceeding is brought to enforce any foreign judgment;”; and

        “(s) the proceeding is brought to enforce any interim measure issued by an arbitral tribunal, having its seat outside the jurisdiction or for other relief within the jurisdiction in connection with an arbitration held or to be held outside the jurisdiction.”;

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