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About Arbitration

Whether you need detailed guidance on starting and running an arbitration under the Arbitration Act 1996, assistance on issues such as jurisdictional challenges, appealing arbitral awards and enforcement, or require key information on the practice and procedure of the major international arbitration rules, Lexis+ Arbitration is the place to start.

The Arbitration Act 1996

Get to know the Arbitration Act 1996 inside out with our guidance on all the key sections that make up the Act. Plus, we'll link them to commentary titles like Butterworths Challenges in Arbitration.

Institutional and ad hoc inclusive

Guidance on arbitration pursuant to the rules of leading arbitral institutions, associations and organisations including the ICC, LCIA, LMAA and SIAC.

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Detailed guidance on key tasks, processes and issues, including: remote hearings in international arbitration, cybersecurity and international arbitration, data protection/GDPR and arbitration.

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From detailed guidance on starting an arbitration, help with jurisdictional challenges, appealing and enforcing arbitral awards, to key information on major international arbitration rules, here's the place to start.

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Latest Arbitration Q&As

Q&As
An in-person hearing is scheduled for my arbitration over the next few months. In light of coronavirus (COVID-19), what should I be thinking about, what alternatives may be available (eg relocation, postponement, virtual hearing(s)), what considerations are relevant when contemplating these options, and how would alternative approaches be dealt with procedurally with the other side and the tribunal?
Q&As
In light of coronavirus (COVID-19), is arbitration preferable over litigation as a method of dispute resolution given the increased flexibility inherent in arbitration proceedings generally?
Q&As
A virtual hearing has been proposed for my arbitration in light of coronavirus (COVID-19). What practical and logistical matters will need to be considered in advance? What are the potential advantages and disadvantages of this approach?
Q&As
A key witness (expert or factual) cannot attend an in-person hearing scheduled for my arbitration over the next few months due to travel restrictions. How should I approach this issue vis-a-vis the witness, the client, the other side and the tribunal?
Q&As
Where an arbitrator, acting under the Arbitration Act 1966, has determined an open market rental value of a property following a disputed rent review, does the landlord require the permission of the court to ‘enforce an arbitration award’. The parties engaged in formal arbitration and a market value has been determined. The award was never challenged or appealed and is therefore binding. The landlord has therefore continued to demand rent at the new rental value. The tenant has fallen into arrears. Can the landlord simply issue a claim in the county court for those arrears, or does the landlord require permission to enforce the award of the arbitrator? The award was simply a declaration of the open market rental value—there was no award for payment of arrears, all of which accrued post-arbitration.
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Associated legal terms

jurisdiction and applicable law

jurisdiction (sometimes referred to as substantive jurisdiction, including under the AA 1996) is an important and frequently encountered concept in arbitration, which encompasses issues such as whether the tribunal has, under the relevant arbitration agreement and any applicable laws/rules, the authority to determine the relevant dispute. In arbitration it is generally established in national laws (eg AA 1996, s 30(1)) and arbitration rules that the arbitral tribunal should be able to rule on whether it has jurisdiction to determine the dispute referred to it—this is often referred to as the principle of kompetenz-kompetenz (or competence-competence). However, the tribunal’s determination of its own jurisdiction is not generally considered absolute. If the tribunal lacks jurisdiction (for example, the arbitration agreement was invalid or the tribunal was improperly constituted), this may provide grounds to object to the tribunal’s authority to preside over the arbitration, which is typically done during the proceedings themselves, and may also be the subject of set-aside or contested proceedings for recognition and enforcement. As for applicable law, what law applies to, or governs, the arbitration proceedings (the lex arbitri or curial law), the arbitration agreement, and the parties’ substantive dispute, will all need to be considered and determined in an arbitration. Often such matters are clearly agreed and expressed between the parties, usually in a substantive contract between them. However, sometimes the applicable law(s) are unclear, and may be the subject of argument and challenge. AA 1996—jurisdiction and applicable law—England and Wales—arbitration—overview provides links to practical guidance on these two key concepts, as well as related matters including: the power of the court to stay (ie pause indefinitely) litigation proceedings commenced in breach of an arbitration agreement; the power of the court to issue an injunction with respect to a party commencing/pursuing litigation proceedings in another jurisdiction in breach of an arbitration agreement (ie an anti-suit injunction); the power of the court to issue an injunction with respect to a party commencing/pursuing arbitration proceedings in breach of the parties’ contractual bargain (ie an anti-arbitration injunction); the power of the court to issue an injunction preventing the enforcement of a court judgment (ie an anti-enforcement injunction), which may be useful if the judgment was obtained in breach of an arbitration agreement; the potential relevance of state (sovereign) immunity in arbitration, including with respect to jurisdiction and enforcement of awards; and, the interaction between arbitration and insolvency proceedings

Multilateral Investment Treaty

/mʌltɪˈlat(ə)r(ə)l/ /ɪnˈvɛs(t)m(ə)nt/ /ˈtriːti/

A treaty between more than two states (or groups of states) that seeks to encourage reciprocal investment by investors of the parties, including providing for rights and protections for foreign investors and investments, and how any disputes that may arise are to be resolved (aka investor-state dispute settlement or ISDS).

Seat of arbitration

The jurisdiction in which an arbitration is deemed legally to take place and the award issued, regardless of the geographical location of the tribunal and/or any hearings. The seat also determines the legal system that, generally, provides the arbitration’s procedure and which courts have supervisory jurisdiction over the arbitration.

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