1. Application of the Arbitration Act 2010 in practice
Jarlath Fitzsimons, senior counsel

2. Introduction Stay applications Set-aside applications
Deciding on jurisdiction
Enforcement of arbitral awards

3. Stay Applications – Overview
legislative history
UNICTRAL Model Law, Article 8(1)
Arbitration Act 2010, section 11
support for the arbitral process: BAM case
ramifications of staying proceedings to arbitration
particular difficulties with multi-party actions

4. Stay Applications – Issues in Practice Article 8(1)
claims asserted by the defendant against a third party in a main action
only some of the parties to the action are bound by the arbitration agreement
only one defendant seeks a referral order on the basis of article 8
no appeal against stay order granted by High Court - Grassland Fertilisers Ltd.

5. Stay Applications – Foregoing the Fruits?
all parties agree that the dispute(s)should be litigated
example in practice - employer institutes one set of proceedings against the architect, designer and sub-contractor and another set of proceedings against the main contractor
advantages for all parties
Creedon Construction Ltd.

6. Stay Applications by Non-Parties
non-party seeks to stay proceedings
P. Elliot & Co. Ltd. v. FCC Elliot Construction Ltd.
non-party is in a position to claim the benefit of an arbitration clause “through or under” another party
more than a bare commercial or legal connection between the two entities.

7. Stay Applications – Certain Arbitral Issues
some but not all of the issues fall within the scope of an arbitration agreement
Kelly v. Lennon, Moohan v. S&R Motors (Donegal) Ltd. and Creedon Construction Ltd. v. Kenny
enter judgment in respect of the sum which does not fall within the arbitration agreement
place a stay on execution pending reference to arbitration.

8. Stay Applications & Liability Issues Between Co-Defendants
issue in practice – contribution/indemnity where one only has the benefit of a stay on proceedings
O’Connor v. Duffy
in principle, a defendant can seek indemnity/contribution where a stay of proceedings/reference has been granted 

9. Set-Aside Applications - Jurisdiction
Article 34 of the Model Law:
incapacity or invalid agreement;
proper notice not given or party unable to present case;
award deals with a dispute not within the reference
composition of tribunal or procedure not in accordance with the agreement
subject matter of the dispute was not capable of settlement by arbitration or award in conflict with public policy

10. Set-Aside Applications in the Courts
Court support for the arbitral process
O’Cathain v. O’Cathain
Snoddy v. Mavroudis
Delargy v. Hickey
Des Hennessy Building Contractors Ltd. v. O’Beirne
O’Leary v. Ryan
FBD Insurance plc v Samwari Ltd.

11. Set-Aside Applications - Conclusion
High Court (McGovern J.) in O’Leary v. Ryan:
“The courts in this jurisdiction are supportive of the arbitral process and the Model Law is now part of our domestic law and applies both in domestic and international arbitration. The right to challenge an arbitral award is extremely limited and this is to be found in Article 34.”

12. Issue in Practice - Deciding on Jurisdiction
Can an arbitrator determine whether he/she has jurisdiction?
Article 16 of the Model Law
John G Burns Ltd. v. Grange Construction
Mayo C.C. v. Joe Reilly Plant Hire Ltd.
Court endorsement of the power of the arbitral tribunal to rule on its own jurisdiction

13. Issue in Practice - Enforcement
Avobone NV v. Aurelian Oil and Gas
an arbitral award could only be challenged on very limited ground set out in Article 36 of the Model Law
no valid challenge had been raised to enforcement of the award

14. Conclusions Irish courts are supportive of the arbitral process
staying multi-party construction litigation is extremely complicated
right to challenge an arbitral award is limited
Arbitrators may rule on their own jurisdiction
in the absence of a valid challenge under Article 36, an arbitral award will be enforced by the courts