This index compares the strength of countries’ arbitration regimes by examining the laws and regulations governing domestic and international arbitrations, as well as the countries’ adherence to specific international conventions.

Question	Answer
* Does your national law recognize arbitration as a means of dispute resolution between private parties in commercial transactions?	Yes
* Has your country enacted a specific statute on commercial arbitration?	Yes
Please list the relevant laws and the years of their adoption	Arbitration Act of 1954; Arbitration Act of 1980; Arbitration (International Commercial) Act of 1998; Arbitration Act of 2010 (comes into force in June 2010).
* Please indicate the Web site(s) where the statute(s) can be consulted	www.irishstatutebook.ie www.oireachtas.ie
Is the statute based on UNCITRAL?	Yes
Comment	The UNCITRAL Model Law now applies fully in Ireland to International arbitrations since May 1998 when it was adopted by the Arbitration (International Commercial) Act of 1998. The full text of the l ...moreaw is included in the schedule to the Act. Domestic arbitrations (which are essentially arbitrations between persons or organizations having their main place of business in Ireland) are not governed by the UNCITRAL Model law. The main differences between the Model Law and the rules relating to domestic arbitrations relate to the courts' powers of intervention. In respect of domestic arbitrations, wider rights to seek review of awards exist. The UNCITRAL Rules allow greater scope for challenging the appointment of the arbitrator than do the domestic rules. The provisions for the recognition and enforcement in the UNCITRAL Law and the Irish Act are the same as those in the 1958 New York Convention. A new Arbitration Act of 2010 comes into force in June 2010 in this jurisdiction. It harmonizes the international and domestic arbitration rules under the UNCITRAL Model Code. At present, the rules for domestic and International arbitrations differ within the State with domestic models being more ad hoc and particularly in the construction sector being modeled on standard forms from professional bodies, e.g., Engineers Ireland (which has a FIDIC type format) and The Royal Institute of Architects of Ireland (RIAI) for building disputes. ...less
Are there other codes, statutes or legislative provisions governing commercial arbitration in your country?	Yes
Please list the relevant laws and the years of their adoption	Industrial Relations Act of 1946; Wildlife Act of 1976 and Wildlife (Amendment) Act of 2000; National Lottery Act of 1986; Bankruptcy Act of 1988; Housing Act of 1996 (as amended ...moreby the Planning and Development Act of 2000); Compulsory Purchase Act; Acquisition of Assets; Assessment of Compensation Derelict Sites Act of 1990; Patent Act of 1992; Merchant Shipping (Salvage and Wreck) Act of 1993; Statistics Act of 1993; Roads Act of 1993; Dublin Docklands and Development Authority Act of 1997; Credit Union Act of 1997; Universities Act of 1997; Air Navigation and Transport (Amendment) Act of 1998; Copyright Act of 2000; Transport (Railway Infrastructure) Act of 2001; Industrial Design Act of 2001; Communications Regulation Act of 2002; Broadcasting (Media Events Television Coverage) (Amendment) Act of 2005. ...less
List web sites	www.irishstatutebook.ie
Definition of domestic arbitration	Domestic arbitration is not defined. Essentially, it is an arbitration that does not fall within the definition of international commercial arbitration provided below.
Definition of international arbitration	International commercial arbitration is defined in the 1998 Act as an arbitration to which the Model Law applies. Article 1(3) and (4) of the Model Law provide as follows: “(3) An arbitrat ...moreion is international if: (a) the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States; or (b) one of the following places is situated outside the State in which the parties have their places of business: (i) the place of arbitration if determined in, or pursuant to, the arbitration agreement; (ii) any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected; or (c) the parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one country. (4) For the purposes of paragraph (3) of this article: (a) if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement; (b) if a party does not have a place of business, reference is to be made to his habitual residence." ...less
* Are the following types of disputes arbitrable under your country’s national law: (a) Disputes involving rights over immoveable property located within your country:	Yes
* (b) Any intra-company disputes( e.g., disputes over decisions made by the executive bodies of a corporation):	Yes
* (c) Disputes involving shareholder arrangements:	Yes
* (d) Disputes involving patents/trade marks (excluding administrative actions):	Yes
(e) Securities transactions:	Yes
List any additional commercial matters not listed above which are not arbitrable under your national law:	On question 4(a) (Are the following types of disputes arbitrable under your country's national law: (a) disputes involving rights over immoveable property located within your country?): There is ...more an express exclusion of arbitral jurisdiction under Section 26 of the Arbitration Act of 1954 for claims for specific performance of any contracts relating to land or interest in land. On question 4(d) (Are the following types of disputes arbitrable under your country's national law: (d) disputes involving patents/trade marks (excluding administrative actions)?): Disputes concerning validity of patent and trademark registration are not arbitrable. List any commercial matters not listed above which are not arbitrable under your national law: It is open to the parties to agree on arbitration as a form of dispute resolution when forming their contract and to select the forum, seat and rules of the arbitration. However, the following matters are not arbitrable under the Irish law: certain landlord and tenant disputes within the scope of the Private Residential Tenancies Board; employment disputes are not arbitrable as there is a specific statutory regime to deal with such disputes; matters involving questions of fraud, per Section 39(2) of the Arbitration Act of 1954; disputes concerning contracts whose objects are illegal or contrary to public policy. ...less
* Under your national law, is an arbitration agreement severable from the main contract?	Yes
* Can an arbitration agreement be incorporated by reference?	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (a) by electronic communication, including email	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (b) by fax	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by oral agreement	No
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by conduct e.g., performance on the part of one party	No
* Has your country ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards?	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (a) Concession agreements	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (b) Infrastructure contracts (e.g, construction contracts)	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (c) Contracts dealing with natural resources (e.g., contracts dealing with water rights, mining, oil and gas, etc.)	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (d) Other types of contracts/transactions (please list all that apply in the “Comments” column)	Yes
Comment	N/A
* Has your country ratified the ICSID Convention?	Yes
** Has your country adopted a specific statute on commercial mediation or conciliation of commercial disputes?	No
Comment	The RIAI form of contract and the GCCC form of contract prescribe conciliation as a mandatory step in Dispute Resolution prior to Arbitration. In addition, a law was passed in Ireland in 2004 es ...moretablishing a dedicated Commercial Court to deal with commercial disputes in excess of €1 million (the Rules of the Superior Courts (Commercial Proceedings) 2004 S.I. No. 2 2004). Under that law the trial judge has discretion to direct the parties to mediation. This is mentioned by way of information only as it does not apply to cases dealt with by way of arbitration. Directive 2008/52/EC, dated May 21, 2008 on certain aspects of mediation in civil and commercial matters was adopted by Ireland. ...less
Additional comment	On question 5 (Under your national law is an arbitration agreement severable from the main contract?) and question 6 (Can an arbitration agreement be incorporated by reference?): The answers to ...morethese questions are not definitive because the answer will depend on whether the agreement contains an entire agreement clause and if the entire agreement is found to be invalid. In general the answer to question 5 is yes, but not always. Similarly, it is possible for a domestic arbitration agreement to be incorporated by reference but when the parties agree. On question 7(c) (Can the following methods of concluding an agreement constitute a binding arbitration agreement: (c) by oral agreement?): Technically there is no necessity for an arbitration agreement to be in writing. However if the agreement is not in writing the parties will not be able to utilize the terms of the Arbitration Acts of 1954-1998. . On Overview question (In your opinion has your country developed sound and workable laws to govern arbitrations in your country?): The Arbitration (International Commercial) Act of 1998 incorporates the UNCITRAL Model Law into the Irish law for international arbitrations. Although the current arbitration regime works well in practice, it is expected that when the Arbitration Act of 2010 comes into force in June 2010, the procedures for domestic and international arbitrations will become more streamlined and by adopting the UNCITRAL Model Law (with the 2006 updates) for all arbitrations, Ireland will become a venue of choice for international arbitrations. Ireland is a signatory to both the New York and Washington Conventions. ...less

* Scored ** Bonus Question

This index compares the extent of judicial assistance before, during, and after the arbitration proceedings.

Question	Answer
* Have the courts in your country stated a “pro-arbitration policy”, i.e., a general policy in favor of enforcing arbitration agreements and arbitration awards, in applying your national law of arbitration In domestic/international arbitrations taking place in your country?	Yes
Comment	The Irish High Court has ruled in a number of recent cases that the Irish courts need to respect the integrity of the arbitration process and that they will only interfere in the rarest of circumstan ...moreces. By way of a most recent example, see McKechnie, J. in Bowen Construction Company Limited v. SJW Facades Limited, Judgment issued March 2009. Section 41 the Arbitrations Acts of 1954 – 1998 provides that an arbitration award is enforceable in the same manner and to the same extent as a judgment by order of the court to similar effect. ...less
* If the parties have expressly agreed (i.e., in writing) that the arbitration tribunal can rule on its own jurisdiction, will that be upheld by your national courts?	Yes
Comment	Typically, in domestic arbitrations, the default position is that the arbitrators do not have jurisdiction to determine the jurisdiction of the tribunal; and, if there is a dispute, it is for the cou ...morerts to determine. The default position in international arbitration, per Article 16 of the Model Law, is that such a tribunal can rule on its own jurisdiction. ...less
* If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration In domestic/international arbitrations taking place in your country? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration in international arbitrations taking place in your country? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
Comment	Section 5 of the Arbitrations Act of 1980 provides that: If any party to an arbitration agreement, or any person claiming through or under him, commences any proceedings in any court against any ...more other party to such agreement, or any person claiming through or under him, in respect of any matter agreed to be referred to arbitration, any party to the proceedings may at any time after an appearance has been entered, and before delivering any pleadings or taking any other steps in the proceedings, apply to the court to stay the proceedings, and the court, unless it is satisfied that the arbitration agreement is null and void, inoperative or incapable of being performed or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings. Also where there is a cross-border dispute, the EC Regulation 44/2001 may well be used. ...less
* Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In domestic arbitrations taking place in your country?	Yes
* Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In international arbitrations taking place in your country?	Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted In domestic arbitrations?	Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted in international arbitrations?	Yes
Comment	In domestic arbitrations, Section 19 of the Arbitration Act 1954 sets out the powers of the arbitrator as to witnesses and discovery of documents. This section requires the production before the arbi ...moretrator of all documents within the possession or power of the parties. Section 19 also provides that, in the absence of any contrary intention in the arbitration agreement, the arbitrator has the power to examine witnesses on oath or affirmation as the arbitrator thinks fit. Section 22 of the 1954 Act provides that the High Court may, on application of either party, make an order in relation to discovery of documents or order the examination of witnesses. Requests for court assistance are rarely sought. The parties may in exceptional circumstances make application to the court to assist and make further orders (i.e. security for costs, injunctions and freezing orders or discovery of documents) if the orders are not within the remit of the arbitrator. This can be done in some case by specific application to the court or alternatively, by first asking the arbitrator to state a case to the High Court and if s/he agrees to do so, then participating in the case stated by the arbitrator or seeking the court's intervention if the arbitrator declines to state a case. The courts are reluctant to interfere if an arbitrator refuses to state a case. See the judgment of Ms. Justice Finaly Geoghan in the Commercial Court in March 2004 in JJ Jennings Limited v. Midland Constructions and Engineering Limited and David O'Leary. The new law will, however, cut down completely the powers of the court to make orders in this area save where the tribunal permits the parties to make a court application. In international arbitrations, Section 7(1)(j) of the Arbitration Act of 1998 provides for the High Court to make any order in respect of discovery and inspection of documents and Section 7(1)(g) provides for the High Court to make any order in respect of securing the attendance of any witness in order that evidence be given or documents be produced. In addition, Article 27 of the Model Law empowers the tribunal (or a party, with the approval of the tribunal) to request assistance from the Court in the taking of evidence. ...less
* Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In domestic arbitrations taking place in your country?	Yes
* Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In international arbitrations taking place in your country?	Yes
* If an immediate need can be shown, how often do courts grant interim relief requests for assistance? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	2
List the law and article which provide for courts' assistance with interim relief.	Again, see the Rules of the Superior Courts and common law.
Comment	Court assistance is rarely sought.
Given the amount of the arbitration award ($US100, 000) and the location of the assets (your country's largest business city), what court in your country has jurisdiction to enforce an arbitration award rendered in your country (in domestic or international proceedings)?	High Court Also there is an expedited commercial division for cases with a commercial value over € 1 million, or all IP cases, or cases which the Court may regard as having special circum ...morestances or merit. ...less
** Is the court for enforcement of arbitration awards rendered in your country, a higher level court or a specialized court?	Yes
* May a judgment of that court enforcing the award be appealed to a higher court or courts?	Yes
May a judgment of that court denying enforcement of the award be appealed to a higher court or courts?	Yes
If Yes, indicate the name of the court(s) of appeal	Supreme Court
* In the case of a domestic award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits?	No
* In the case of an international award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits?	No
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Invalidity of the underlying arbitration agreement or lack of capacity of a party?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Lack of a fair hearing?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award deals with matters outside the scope of the arbitraton agreement?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Subject matter of the dispute not subject to arbitration?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Enforcement of the award would be contrary to country's public policy?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Error of law?	Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award not supported by substantial evidence?	No
Under your national law, list any additional grounds under which the domestic award rendered in favor of GlobiCo may be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country.	The courts are very reluctant to interfere. Essentially, the grounds for an appeal of an arbitration award are very limited and although grounds in questions 30A.1 - 30A.7 and 30A.9 are applicable, ...morein reality the court will only interfere on limited grounds. Other grounds include: the award is made without jurisdiction or in excess of jurisdiction; the arbitration was conducted in the name of the wrong party; there was misconduct on the part of the arbitrator; new significant evidence, which despite all reasonable diligence was not discovered before the award, has since come to light. ...less
* What is the likelihood that your courts would enforce a domestic arbitration award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* What is the likelihood that your courts would enforce an international arbitration award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ?	82.5
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed?	1
Number of days on average necessary to enforce a domestic and international arbitration award in your country: (c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal?	730
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)?	49
Comment	If the award was for over €1 million, the parties could apply for the case to be heard by the Commercial Division of the High Court and the waiting periods would be much shorter because the expedited ...more procedures available in that division may speed up the process. The new law, however, will remove the right of appeal to the Supreme Court and make the High Court the first and last judicial intervention, which will immeasurably speed up the process. Parties should also bear in mind that the Court Long Vacation (August & September) can impact the length of the proceedings because pleadings timetables do not ordinarily run during that period, nor are there any court hearings, save for very urgent matters. ...less
Given the amount of the foreign arbitration award ($US100, 000) and the location of the assets (your countrys' largest business city), what court in your country has jurisdiction to enforce a foreign arbitration award (i.e. an award rendered outside of your country)?	High Court
** Is the court for enforcement of arbitration awards rendered outside your country, a higher level court or a specialized court?	Yes
* May a judgment of that court enforcing the award or denying enforcement be appealed to a higher court or courts?	Yes
If Yes, indicate the name of the court(s) of appeal	Supreme Court
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "invalidity of the underlying arbitration agreement or lack of capacity of a party"?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of lack of a fair hearing?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award deals with matters outside the scope of the arbitraton agreement?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the award was set aside in the country where it was made?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the subject matter of the dispute not subject to arbitration?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of public policy?	Yes
* Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "error of law"?	No
* Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award not supported by substantial evidence?	No
* Under your national law, list additional grounds under which an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts	It is important to note once again the reluctance of the courts to interfere in the enforcement process with the underlying award. The courts might look at some of the issues above but the bar is se ...moret very high to deny confirmation of an award. ...less
* What is the likelihood that your courts would enforce a foreign award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* Number of days on average necessary to enforce a foreign arbitration award in your country: (a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ?	75
* Number of days on average necessary to enforce a foreign arbitration award in your country: (b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed?	1
Number of days on average necessary to enforce a foreign arbitration award in your country: (c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal?	730
* Number of days on average necessary to enforce a foreign arbitration award in your country: (d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)?	49
Comment	If the award was for over €1 million, the parties could apply for the case to be heard by the Commercial Division of the High Court and the waiting periods would be much shorter because the expedited ...more procedures available in that division may speed up the process. The new law, however, will remove the right of appeal to the Supreme Court and make the High Court the first and last judicial intervention, which will immeasurably speed up the process. Parties should also bear in mind that the Court Long Vacation (August & September) can impact the length of the proceedings because pleadings timetables do not ordinarily run during that period, nor are there any court hearings, save for very urgent matters. ...less
* In arbitrations involving a state or state entity, can your court(s) review the arbitration award on its merits in connection with recognition and enforcement proceedings?	No
Additional Comment	N/A

* Scored ** Bonus Question