Ireland: International Arbitration Comparative Guide

1 Legal framework

1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?

The Arbitration Act 2010 (the "2010 Act") applies to arbitrations in Ireland. It applies to both international commercial arbitrations and domestic arbitrations. The 2010 Act came into force on 8 June 2010 and repealed the existing Arbitration Acts 1954–1998. The Act consolidated the law and adopted the UNCITRAL Model Law on International Commercial Arbitration in its entirety into Irish law.

1.2 Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?

No, the same rules apply to domestic and to international arbitration.

1.3 Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?

Yes, the 2010 Act consolidated the law and adopted the UNCITRAL Model Law in its entirety into Irish law.

1.4 Are all provisions of the legislation in your jurisdiction mandatory?

Article 19 of the Model Law guarantees freedom to parties to agree on the arbitration procedure to be followed by the appointed arbitral tribunal. However, there are still some mandatory provisions which apply on procedure, including that the arbitrator/tribunal be independent and impartial.

1.5 Are there any current plans to amend the arbitration legislation in your jurisdiction?

There are currently no plans to amend the 2010 Act in Ireland. That said, it is envisaged that there is scope to amend the existing legislation to provide certainty on the rules that may apply to third-party funding (see question 11 for further detail).

1.6 Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?

Yes, Ireland is a signatory to the New York Convention and joined in 1981. The Preamble to the 2010 Act gives the force of law in Ireland to the New York Convention.

Ireland has made a reciprocity reservation, allowing it to apply the convention only to awards made in the territory of another contracting state.

1.7 Is your jurisdiction a signatory to any other treaties relevant to arbitration?

No, Ireland is not a signatory to any other treaties relevant to arbitration and is not a signatory to any bilateral investment treaties.

2 Arbitrability and restrictions on arbitration

2.1 How is it determined whether a dispute is arbitrable in your jurisdiction?

The 2010 Act contains no express provisions on arbitrability, but excludes:

• employment and consumer disputes; and
• disputes arising where the parties contracted under standard terms and the contract is valued under €5,000.

2.2 Are there any restrictions on the choice of seat of arbitration for certain disputes?

There are no restrictions under Irish law prohibiting the parties from choosing a particular seat of arbitration.

3 Arbitration agreement

3.1 What are the validity requirements for an arbitration agreement in your jurisdiction?

The validity requirements for arbitration conducted in Ireland are set out in the 2010 Act. Under the act, Option 1 of Article 7 of the UNCITRAL Model Law sets out the requirements of an arbitration agreement, and specifically stipulates that the arbitration agreement must be "in writing". The Model Law defines "in writing" in broad terms, such that it will include an agreement recorded in any form, whether solely in writing, concluded orally, by conduct or by other means.

3.2 Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?

The concept of separability is set out in Article 16(1) of the UNCITRAL Model Law. The concept of separability of arbitration agreements is recognised by the Irish courts – see Doyle v National Irish Insurance Co Plc [1998] 1 IR 89. The doctrine was also acknowledged more recently in Narooma Ltd v Health Service Executive [2020] IEHC 315, where the court expressly noted that by virtue of the doctrine of separability, "an arbitration agreement has a separate and independent existence from the underlying or main contract".

3.3 Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?

Under Article 22 of the 2010 Act, where there is no specific agreement between the parties, the arbitral tribunal shall determine the language or languages to be used in the proceedings.

In addition, where there is no agreement between the parties, but the arbitration agreement refers to institutional rules, those institutional rules will apply to the matter.

4 Objections to jurisdiction

4.1 When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?

Under Article 16(3) of the UNCITRAL Model Law, a challenge under any procedure agreed upon by the parties or a challenge to the jurisdiction of the arbitral tribunal shall be made within 30 days of receipt of the notice of the decision rejecting the challenge.

4.2 Can a tribunal rule on its own jurisdiction?

Under Article 16(1) of the UNCITRAL Model Law, an arbitrator/arbitral tribunal in Ireland can rule on their own jurisdiction. The well-established Kompetenz-Kompetenz principle applies to international and domestic arbitrations in Ireland with the introduction of the Model Law, and empowers arbitrators to rule on their own jurisdiction, including any objections in respect of the presence of a valid arbitration agreement. Kompetenz-Kompetenz was acknowledged in the Irish case of Barnmore Demolition and Civil Engineering Ltd v Alandale Logistics (unreported, 11 November 2010).

4.3 Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?

Article 16(1) of the UNCITRAL Model Law permits an arbitral tribunal to decide upon challenges to its own jurisdiction. Under Article 16(3) of the Model Law, there is a right of appeal to the High Court for parties that dispute the arbitrator's determination of jurisdiction; such challenges must be made within 30 days of the arbitrator's ruling.

Case law provides guidance on the court's approach to an application in relation to a ruling on the jurisdiction of the tribunal. In Mayo County Council v Joe Reilly Plant Hire Limited [2015] IEHC 544 there was a challenge to the arbitrator's jurisdiction to adjudicate a claim, but the court dismissed the challenge. The court held that where the existence of an arbitration clause is not in dispute, the courts will be very slow to interfere with the arbitrator's ruling on his or her own jurisdiction, having regard to the Kompetenz-Kompetenz principle.

Equally, in Achill Sheltered Housing Association CLG v Dooniver Plant Hire Limited [2018] IEHC 6, the court had to determine whether the dispute referred to arbitration fell within the terms of the arbitration agreement. The respondent argued that the application was premature. The court held that Article 16(3) permitted the court to review a preliminary ruling by an arbitral tribunal that it had jurisdiction, and that the preliminary ruling by the arbitrator that he had been validly appointed came within the scope of Article 16(3).

5 The parties

5.1 Are there any restrictions on who can be a party to an arbitration agreement?

There are no restrictions under the 2010 Act in relation to who can be a party to an arbitration agreement.

5.2 Are the parties under any duties in relation to the arbitration?

While there are no specific duties set out in the 2010 Act, there is an implied obligation on the parties to maintain the confidentiality of the hearing and any award made, and this will be strictly enforced by the courts.

5.3 Are there any provisions of law which deal with multi-party disputes?

There are two basic forms of multi-party litigation in Ireland, which enable a group of individuals to institute proceedings that are intended to deal with groups collectively. Generally, multi-party litigation in Ireland is by way of either a representative action or a test case. The concept of a class action is not recognised or permitted within the Irish courts; but if provided under an agreement, a limited form of class action may be possible in arbitration in Ireland.

However, there are no specific provisions in the 2010 Act dealing with multi-party disputes. As such, it is extremely unlikely that a party would be willing to enter into a multi-party arbitration without a contractual agreement or ad hoc agreement being reached to do so.

6 Applicable law issues

6.1 How is the law of the arbitration agreement determined in your jurisdiction?

The law of the arbitration agreement is determined in the first instance by agreement between the parties.

6.2 Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?

Where the parties have agreed on the substantive law of the dispute, the tribunal will uphold such an agreement.

However, where the substantive law is unclear and there is no agreement between the parties as to the substantive law, the arbitral tribunal must apply such conflicts of law rules as it considers applicable in order to determine the substantive law of the dispute.

7 Consolidation and third parties

7.1 Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?

Section 16(1) of the 2010 Act allows for parties to agree to the consolidation of proceedings and to agree on the terms upon which such consolidation shall occur. In the absence of such agreement, the consolidation of proceedings is prohibited (Section 16(2)).

7.2 Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?

The 2010 Act does not permit an arbitrator to join additional parties to proceedings without agreement of the parties. However, the Rules of the Chartered Institute of Arbitrators (Irish Branch) and the UNCITRAL Arbitration Rules 2016 empower an arbitrator to join additional parties to such an arbitration.

7.3 Does an arbitration agreement bind assignees or other third parties?

A third party that is not a party to an arbitration agreement or award cannot be bound by the agreement or award. An arbitration agreement under the 2010 Act is construed in accordance with Option 1 of Article 7 of the UNCITRAL Model Law, which provides that it is an agreement "by the parties". There is no provision that authorises the agreement to extend to third parties.

8 The tribunal

8.1 How is the tribunal appointed?

Arbitrators in Ireland are usually appointed under prescribed rules in the governing contract or by agreement between the parties.

When appointing the tribunal, the 2010 Act does not stipulate that arbitrators must have specific qualifications; however, they are generally experts in their field.

Section 13 of the Act stipulates that arbitrators shall be chosen (by an institutional body or, failing their nomination, by the High Court) based on their relative expertise, independence and impartiality. Parties can opt for more than one arbitrator if this is stipulated in the arbitration agreement. Section 13 deviates from the UNCITRAL Model Law, which provides in Article 10(2) that an arbitral tribunal shall consist of three arbitrators, unless otherwise agreed.

Where the parties cannot agree upon the selection of an arbitrator, the default procedure normally provides that nominating bodies will be asked to select the arbitrator, and this will usually be incorporated as a provision within the contract governing the dispute (nominating bodies in Ireland include the Law Society of Ireland, the Bar Council of Ireland, the Society of Surveyors and the Institute of Chartered Accountants). In the absence of an agreed appointment procedure, a court can direct, on request, the appointment of an arbitrator, at the request of either party (Articles 11(3) and 11(4) of the Model Law).

8.2 Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?

In the case of three-member arbitral tribunals, Article 11(3) provides that each party will appoint an arbitrator and the two party-appointed arbitrators will then appoint the third arbitrator. Article 11(3)(b) provides that in circumstances where one arbitrator is to be appointed and the parties cannot agree on appointment under the applicable appointment procedure, they can apply to the High Court, which, on foot of such an application, is empowered to make an appointment.

8.3 Can an arbitrator be challenged in your jurisdiction? If so, on what basis? Are there any restrictions on the challenge of an arbitrator?

Yes, an arbitrator can be challenged in Ireland; however, there are limited situations in which this can be done. The parties to the dispute must challenge the nomination of the arbitrator in writing within 15 days of his or her appointment. The only grounds to challenge the appointment of an arbitrator are "if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if s/he does not possess qualifications agreed to by the parties" (Article 12(2) of the UNCITRAL Model Law).

The International Bar Association's Guidelines on Conflicts of Interest in International Arbitration are available to arbitrators when making decisions about prospective appointments and disclosures. The guidelines, although not binding, are largely followed by international arbitration practitioners and can assist in assessing the impartiality and independence of arbitrators. The guidelines provide that the arbitrator shall be "impartial and independent of the parties at the time of accepting an appointment to serve and shall remain so during the entire arbitration proceeding until the final award has been rendered or the proceeding has otherwise finally terminated".

There is also a duty on arbitrators to act impartially during the course of the arbitration proceedings. The duty is to avoid actual bias, objective bias and apparent bias. Where the arbitrator acts partially, his or her appointment or the arbitral award may be challenged under the Model Law.

Article 13 of the Model Law provides that the parties are free to agree on the procedures for challenging an arbitration.

8.4 If a challenge is successful, how is the arbitrator replaced?

Under Article 15 of the 2010 Act, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. If the rules are silent as to the process of appointing a substitute arbitrator and the parties cannot agree on how to replace the arbitrator, the parties must apply to the High Court in order to appoint a substitute arbitrator.

8.5 What duties are imposed on arbitrators? Are these all imposed by legislation?

Article 12(1) of the UNCITRAL Model Law imposes a mandatory duty on the arbitrator to disclose conflicts of interest. It provides that where a person is approached in connection with his or her possible appointment as an arbitrator, he or she must disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence, and must do so without delay.

There is also a duty upon arbitrators to act impartially during the course of the arbitration proceedings. The duty is to avoid actual bias, objective bias and apparent bias. Where the arbitrator acts partially, his or her appointment or the arbitral award may be challenged under the Model Law.

Under Article 19 of the Model Law, the parties to the arbitration are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. Failing such agreement, under Article 19(2), the arbitral tribunal can conduct the arbitration in such manner as it considers appropriate.

Under Article 25 of the Model Law:

• where a claimant fails to communicate its statement of claim, the arbitrator shall terminate the proceedings;
• where the respondent fails to communicate its statement of defence, the arbitral tribunal shall continue with the proceedings, without treating the failure as an admission of the allegations; and
• where a party fails to appear or fails to produce documentary evidence, the arbitral tribunal can continue with the proceedings and make an award.

8.6 What powers does an arbitrator have in relation to: (a) procedure, including evidence; (b) interim relief; (c) parties which do not comply with its orders; (d) issuing partial final awards; (e) the remedies it can grant in a final award and (f) interest?

(a) Procedure, including evidence?

Under Section 14 of the 2010 Act, the arbitral tribunal can direct that a party to an arbitration agreement or a witness who gives evidence in proceedings before the arbitral tribunal be examined on oath or on affirmation.

Under Article 23(1) of the UNCITRAL Model Law, the parties decide on:

• the timeframe within which the claimant must state the facts supporting its claim, the points at issue and the relief or remedy sought; and
• the timeframe within which the respondent must state its defence.

An issue arises as to whether and when arbitrators have jurisdiction to order discovery in Ireland. Section 10(2) the 2010 Act provides limited jurisdiction to order discovery, stating that the High Court shall not make any order for discovery of documents unless otherwise agreed by the parties.

This limitation was noted in O'Leary T/A O'Leary Lissarda v Ryan [2015] IEHC 820, where the applicant had accepted that there was no explicit power set out in the legislation to order discovery under the Model Law. Dowling-Hussey, in his article "Alternative Dispute Resolution: A Road Wrongly Travelled? Irish Arbitrators and Discovery", argues that this case demonstrates that it remains unclear whether Irish arbitrators have power under the 2010 Act to order discovery of their own volition; but it does seem that this is unlikely to be the case, and it would be more commonly accepted practice that an arbitrator may make an order for discovery. Often, provision is specifically made at the directions hearing to empower the arbitrator to make orders for discovery.

(b) Interim relief?

Interim measures awarded by the arbitrator will be recognised and enforced by the courts in Ireland. Article 9 of the UNICTRAL Model Law provides that it is not incompatible with an arbitration agreement for a party to request interim measures of protection from the High Court, before or during arbitral proceedings.

Under Article 17J of the Model Law, the High Court has the power to grant interim measures of protection and assistance, and this applies even where the seat of the arbitration is in another jurisdiction outside of Ireland.

The Irish courts, in considering applications for interim or interlocutory injunctive relief under Article 9 and Article 17J of the Model Law, will apply the principles set out by the Supreme Court in Campus Oil Ltd v Minister for Industry and Energy (No 2) [1983] IR 88.

Despite the increased power of arbitrators, the High Court still retains power in respect of ancillary duties, including:

• issuing witness subpoenas;
• ordering third-party discovery; and
• recognising and enforcing arbitral awards.

Under Article 27 of the Model Law, the High Court can grant assistance in the taking of evidence.

Further, under the International Chamber of Commerce Arbitration Rules, parties can seek urgent temporary relief, including the appointment of an emergency arbitrator.

(c) Parties which do not comply with its orders?

Under Article 25 of the UNCITRAL Model Law, where any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it. This power was recognised by the Supreme Court in Grangeford Structures Ltd (In Liquidation) v SH Ltd [1990] 2 IR 351 and more recently in Hoban v Coughlan & Anor [2017] IEHC 301.

(d) Issuing partial final awards?

There is no express restriction on issuing a partial final award in Ireland. However, under the 2010 Act, the definition of ‘award' includes a partial award, meaning that the legislation envisions a final award being made in order to resolve the dispute in its totality.

(e) The remedies it can grant in a final award?

Arbitrators in Ireland may award remedies which are permitted by the law applicable to the dispute. Therefore, an arbitrator making an award under Irish law can award the full range of common law and equitable remedies, with the exception of an award of specific performance relating to a contract for the sale of land without the agreement of the parties.

(f) Interest?

Section 18(1) of the 2010 Act allows the parties to agree on the arbitral tribunal's power to award interest. In the absence of agreement, the arbitral tribunal can, under Section 18(2), award simple or compound interest, on such terms as it "considers fair and reasonable", on all or part of the award, or the amount claimed at the outset of the arbitration but paid before the award was made.

Under Section 18(3), the arbitral tribunal can award simple or compound interest from the date of the award or a later date, until payment, at rates it "considers fair and reasonable" on the outstanding amount of any award (including interest and/or costs).

8.7 How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?

Under Article 25 of the UNCITRAL Model Law, where any party fails to appear at a hearing or refuses to participate, the arbitral tribunal may continue the proceedings and make the award on the evidence before it. In Hoban v Coughlan [2017] IEHC 301, a non-responding party ignored the communications and directions of the appointed arbitrator and later failed to appropriately request an adjournment on notice to the other party. The arbitrator proceeded to conduct the oral hearing without the non-responding party and later published his award. When the arbitrator's award was challenged by the non-responding party, the Irish court noted that the arbitrator had carefully ensured that he communicated with the party and/or his solicitors. and decided that the arbitrator was entitled to proceed in the applicant's absence under Article 25(c) of the Model Law.

8.8 Are arbitrators immune from liability?

Under Article 22 of the 2010 Act, arbitrators shall not be liable in any proceedings for anything done or omitted in the discharge or purported discharge of their functions.

9 The role of the court during an arbitration

9.1 Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?

Yes, if proceedings are instituted against a party to an arbitration agreement, such party can apply to the court for a stay of proceedings. The court will grant the stay if satisfied that the agreement is valid and is not inoperative or incapable of being performed.

9.2 Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?

Yes, the courts in Ireland have powers in relation to an arbitration seated in Ireland. The Irish courts have a range of powers under the 2010 Act, which include the power to decide on:

• applications in respect of interim measures;
• a challenge to an arbitrator;
• the termination of the mandate;
• orders to set aside an arbitral award;
• orders to enforce a foreign arbitral award to which the New York Convention applies; and
• applications for adjournment of proceedings.

An arbitral tribunal operating outside Ireland may seek assistance from the Irish courts in taking evidence and the Irish courts will assist (the courts do not have the power to compel parties to arbitrate).

9.3 Can the parties exclude the court's powers by agreement?

The parties may agree to exclude or expand the scope of appeal or challenge under Irish law, if the agreement does not offend public policy or national law.

10 Costs

10.1 How will the tribunal approach the issue of costs?

Section 21(1) of the 2010 Act enables the parties to decide how the costs of the arbitration are to be dealt with. Under the normal rules governing litigation in Ireland, ‘costs follow the event'. Section 21(1) allows the parties to depart from such rules.

It remains unclear whether this section extends to authorising parties to agree to a third-party funding arrangement. Third-party funding arrangements in litigation are not permissible in Ireland, as they offend the laws against maintenance and champerty (see question 11).

Where the parties have not agreed on costs or where a consumer is involved, the arbitral tribunal is entitled to award costs as it sees fit (Section 21(3) of the 2010 Act).

10.2 Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?

There are no specific restrictions in the 2010 Act in terms of costs.

11 Funding

11.1 Is third-party funding permitted for arbitrations seated in your jurisdiction?

Third-party funding is not permitted in litigation in Ireland. The recent case of Persona Digital Telephony Limited v The Minister for Public Enterprise, Ireland [2017] IESC 27, confirmed the position that third-party funding is a breach of common law maintenance and champerty rules. Maintenance rules prohibit a person with no interest in proceedings from providing funding for those proceedings; while champerty rules prohibit the funding of a dispute where the funder would receive a portion of the proceedings if successful. The court did suggest in Persona Digital that changes to third-party funding should be made, but stated that this was more appropriate by way of legislative change.

In SPV Osus Ltd v HSBC Institutional Trust Services (Irl) Ltd [2018] IESC 44 Chief Justice Clarke repeated his comments in Persona and called upon the legislature to urgently deal with the lack of legislation regulating costs, third-party funding and access to the courts. He emphasised the need for legislation establishing a properly regulated scheme of third-party funding to protect access to justice.

In January 2020 a report of Chief Justice Clarke "strongly recommend[ed]" that proper provision be made for representative actions and litigation funding, and noted their importance in attracting international and cross-border litigation and arbitration. As mentioned in question 10, however, it is at least arguable that third-party funding is permissible in arbitration in Ireland, if not in litigation; but this has not yet been tested or challenged in the courts.

12 Award

12.1 What procedural and substantive requirements must be met by an award?

Under Article 31 of the UNCITRAL Model Law, the award must be in writing and signed by the arbitrator(s). Articles 31(2) and 48(3) of the Model Law provide that the award must state the reasons upon which it is based, unless otherwise agreed between the parties. Where the award is reasoned, the reasons should be set out in sufficient detail so as to allow a court to consider any question of law arising. The award must state its date and the place of arbitration. A signed copy of the award must be delivered to each party.

12.2 Must the award be produced within a certain timeframe?

It is the decision of the parties whether to specify a timeframe within which an arbitrator must produce an award.

Where the arbitrator delays unduly in making an award, a party can apply to the High Court pursuant to Section 9(1) of the 2010 Act to terminate the mandate of the arbitrator for failure to render the arbitral award without undue delay.

13 Enforcement of awards

13.1 Are awards enforced in your jurisdiction? Under what procedure?

As Ireland has adopted and ratified the New York Convention, Section 23 of the 2010 Act states that an arbitral award will be recognised as binding and enforceable upon a written application to the High Court.

Arbitral awards can be enforced either under Section 23 of the 2010 Act or under Order 56 of the Rules of the Superior Courts. The limitation period for enforcement under Section 23, where the arbitration agreement is not under seal, is six years from the date on which the cause of action accrued (Section 11(1)(d) of the Statute of Limitations 1957).

Applications under Order 56, Rule 3(1)(j) for leave of the court to enforce or to enter judgment in respect of an award under Section 23(1) of the 2010 Act are generally made by motion and grounding affidavit on notice to the other side.

Under Article 35(1) of the Model Law an arbitral award – irrespective of the country in which it was made – shall be binding and enforceable in Ireland, subject only to the grounds set out in Article 36 of the Model Law.

14 Grounds for challenging an award

14.1 What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?

Parties can apply to the High Court to set aside awards only in very limited circumstances. The parties must prove one of the following:

• There was an incapacity of a party to the arbitration agreement;
• There was a failure to give adequate notice of the appointment of an arbitrator or of the arbitral proceedings;
• The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration; or
• The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties.

The High Court's subsequent determination is final and complete. Section 12 of the 2010 Act provides that the application to the High Court to set aside an award on the grounds of public policy must be made within 56 days of the date on which the circumstances giving rise to the application became known or ought to have become known to the party concerned.

The Irish courts have narrowly interpreted these grounds, as illustrated in Hoban v Coughlan & Anor [2017] IEHC 301, in which the High Court refused to set aside the award of an arbitrator where the claimant alleged that it had not been given proper notice of the appointment of an arbitrator or of the proceedings. The court noted that the right to set aside an arbitral award should be only "exercise[d] sparingly".

14.2 Are there are any time limits and/or other requirements to bring a challenge?

Under Article 16(3) of the UNCITRAL Model Law, a challenge under any procedure agreed upon by the parties or a challenge to the jurisdiction of the arbitral tribunal must be made within 30 days of receiving notice of the decision rejecting the challenge.

14.3 Are parties permitted to exclude any rights of challenge or appeal?

The parties may agree to exclude or expand the scope of appeal or challenge under Irish law, if the agreement does not offend public policy or national law.

15 Confidentiality

15.1 Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?

The 2010 Act does not expressly provide for the confidentiality of arbitration proceedings.

In Ireland, arbitrations are almost exclusively conducted in private. Although parties can agree to arbitrate in public, in practice this rarely happens. In private arbitrations, arbitration proceedings remain confidential between the parties and their representatives.

There is a presumption of confidentiality in respect of arbitral proceedings and arbitral awards.

15.2 Are there any exceptions to confidentiality?

While there is a presumption/implied duty of confidentiality in respect of arbitral proceedings, exceptions can arise where disclosure is required by law – for example, in the public interest or where the parties consent to waive confidentiality.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.