Arbitration under the Arbitration Act 1996

View Arbitration by content type:

Practice notes

Precedents

Q&As

News

Latest Arbitration News

10th edition of the Commercial Court Guide published

The following Arbitration news provides comprehensive and up to date legal information on 10th edition of the Commercial Court Guide published

Three international arbitration trends to watch in 2021

The following Arbitration news provides comprehensive and up to date legal information on Three international arbitration trends to watch in 2021

USA—threshold question of whether parties bound by arbitration agreements remanded to lower court (Petroleos Mexicanos v Executive Mfe Aviation)

The following Arbitration news provides comprehensive and up to date legal information on USA—threshold question of whether parties bound by arbitration agreements remanded to lower court (Petroleos Mexicanos v Executive Mfe Aviation)

Life sciences companies increasingly turning to arbitration

The following Arbitration news provides comprehensive and up to date legal information on Life sciences companies increasingly turning to arbitration

Featured Arbitration content

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties...

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined...

A quick guide to the arbitration process

This Practice Note provides a quick guide to the arbitration process while recognising that there is no set framework or order for arbitration...

Umbrella clauses in investment treaty arbitration

What is an umbrella clause?An umbrella clause (known also as an umbrella agreement or an observance of undertakings clause) is a provision in a...

Practice notes

LMAA—costs

The London Maritime Arbitrators Association (LMAA) Terms 2017 (the Terms) apply to arbitrations commenced on or after 1 May 2017 where the parties...

Produced in partnership with Shawn Kirby of Wikborg Rein 12th Jan

Practice notes

Arbitrability in international arbitration

It is considered a general principle that arbitration may be used to resolve almost any type of claim or dispute concerning legal rights. This has...

9th Nov

Practice notes

The seat of the arbitration

This Practice Note considers the key concept of the seat of an arbitration, with a particular focus on the law of England and Wales and Northern...

Produced in partnership with Peter McQueen 12th Jan

Practice notes

Evidence in international arbitration—the IBA Rules on the Taking of Evidence in International Arbitration

The IBA Rules on the Taking of Evidence in International Arbitration 2010 (the IBA Rules) are routinely adopted in international arbitration...

Produced in partnership with 39 Essex Chambers 12th Jan

Practice notes

SCC Rules (2017)—introduction and structure

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

Produced in partnership with Vinge 12th Jan

Precedents

Redfern schedule—arbitration

Example Redfern scheduleSet out below is an example of a Redfern schedule of the type commonly used for the exchange of requests for documentation...

Produced in partnership with Simmons & Simmons LLP 12th Jan

Practice notes

Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and...

Produced in partnership with Simmons & Simmons LLP 12th Jan

Practice notes

Maritime arbitration—an introduction

Maritime arbitration is a recognised branch of dispute resolution in international trade and commerce.Maritime affairs to which consensually agreed...

Produced in partnership with Peter McQueen 12th Jan

Practice notes

Revised ICC Arbitration Rules for 1 January 2012 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.The International Chamber of Commerce Arbitration Rules 2012 are referred to as...

9th Nov

Practice notes

Investment treaty arbitration—an introduction

STOP PRESS: This Practice Note is being reviewed in light of the 5 May 2020 agreement by most EU Member States to terminate their intra-EU bilateral...

Produced in partnership with Joe Tirado, Partner of Garrigues UK LLP and Elisa Vicente, Senior Associate of J&A Garrigues, S. L. P. 12th Jan

Practice notes

Insurance and reinsurance arbitration—an introduction

Arbitrations arising from insurance and reinsurance disputes share many common features with other types of commercial arbitration. This Practice Note...

Produced in partnership with Ralph Morley of 7KBW 12th Jan

Practice notes

International arbitration—an introduction to the key features of international arbitration

This Practice Note provides an introduction to some of the key features of international arbitration. Practice Note: Arbitration—an introduction to...

Produced in partnership with Thirty Nine Essex Street 12th Jan

Practice notes

Arbitration agreements—the doctrine of separability (England and Wales)

This Practice Note considers the doctrine of separability under the law of England and Wales (England and English are used as shorthand throughout)....

9th Nov

Practice notes

International arbitration—key differences between international and domestic arbitration

In many jurisdictions, there are relatively few substantive differences between pursuing international arbitration or domestic arbitration...

9th Nov

Practice notes

Partial awards in arbitration

Parties to an arbitration may wish to make an application to the arbitral tribunal for an award to be made on a specific issue that forms part of the...

Produced in partnership with CMS 12th Jan

Practice notes

International arbitration clauses—ad-hoc

Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts....

Produced in partnership with Peter McQueen 12th Jan

Most recent Arbitration under the Arbitration Act 1996 content

Practice notes

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

15th Jan

Practice notes

Arbitration—data protection and GDPR considerations

Stop press: The International Court of Arbitration of the International Chamber of Commerce (ICC) has released updates to its ‘Note to Parties and...

Produced in partnership with Charlie Morgan (Senior Associate, Digital Law Lead (UK)) of Herbert Smith Freehills 12th Jan

Practice notes

Brexit—arbitration law and practice in England and Wales

IP COMPLETION DAY: 11:00 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s...

11th Jan

Brexit

Practice notes

Misrepresentation—damages as a remedy

This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...

Produced in partnership with Charles Spragge of Druces 11th Jan

Practice notes

Multiple tortfeasors—liability issues and contribution claims

This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...

Produced in partnership with Kate Temple-Mabe of 7BR 11th Jan

Practice notes

Disputes over documentary evidence in arbitration

This Practice Note considers disputes over documentary evidence in arbitration proceedings. It should be read, where relevant, in conjunction with...

Produced in partnership with Simmons & Simmons LLP 11th Jan

Practice notes

The role of documentary evidence in arbitration

IP COMPLETION DAY: 11:00 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Simmons & Simmons LLP 11th Jan

Practice notes

Electronic evidence in arbitration

How electronic disclosure is used in arbitrationThere is no universal binding protocol on e-disclosure in arbitration. This is consistent with the...

Produced in partnership with Simmons & Simmons LLP 11th Jan

Practice notes

Cybersecurity in international arbitration

Stop press: The International Court of Arbitration of the International Chamber of Commerce (ICC) has released updates to its ‘Note to Parties and...

Produced in partnership with Nicholas Peacock (Partner), Charlie Morgan (Senior Associate, Digital Law Lead (UK)), Vanessa Naish (Professional Support Consultant) and Rebecca Warder (Professional Support Lawyer) of Herbert Smith Freehills 11th Jan

Precedents

Anti-suit injunction in support of arbitration—arbitration claim form

This Precedent claim form, with accompanying Drafting Notes, is for making an anti-suit injunction application to restrai...

Produced in partnership with Latham and Watkins LLP 8th Jan

Precedents

Project management plan—arbitration

PRIVILEGED AND CONFIDENTIAL[COMPANY NAME]ARBITRATION WITH [NAME][CASE REFERENCE]____________________________________PROJECT MANAGEMENT...

Produced in partnership with Ben Giaretta of Mishcon de Reya 8th Jan

Precedents

Confidentiality agreement—arbitration

IP COMPLETION DAY: 11:00 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Latham & Watkins LLP 8th Jan

Practice notes

Drafting statements of case and memorials in international arbitration

This Practice Note provides practical guidance on the use of statements of case and memorials exchanged by parties in international arbitration...

Produced in partnership with Latham & Watkins LLP 8th Jan

Practice notes

The seat of the arbitration

This Practice Note considers the key concept of the seat of an arbitration, with a particular focus on the law of England and Wales and Northern...

Produced in partnership with Peter McQueen 8th Jan

Practice notes

AA 1996—appealing the award—leave to appeal (s 69)

This Practice Note considers how to apply for leave to appeal (or permission to appeal) an arbitration award on a point (or question) of law to the...

Produced in partnership with Leigh-Ann Mulcahy QC and Tetyana Nesterchuk of Fountain Court Chambers 8th Jan

Precedents

Arbitration—letter of instruction to expert

PRIVATE & CONFIDENTIAL[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as expert...

Produced in partnership with Richard Twomey and Tarik Sharif of DWF 8th Jan

Practice notes

AA 1996—costs and interest under the award

Under s 49(3) Arbitration Act 1996 (AA 1996), a tribunal has the power, absent any express agreement of the parties, to make an order for interest on...

Produced in partnership with CMS 8th Jan

Precedents

Arbitration—expert report

[Title of the report]1[Name of arbitral institution (if any) and Case Number]2[Full details of the parties in the arbitration: Claimant(s) and...

Produced in partnership with Sandy Cowan, Paul Gamble and Georgina Merriam of Grant Thornton 8th Jan

Practice notes

Arbitration agreements—example domestic arbitration clause (England and Wales)

Arbitration clauses and agreements provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and...

Produced in partnership with Peter McQueen 8th Jan

Practice notes

Comparing arbitration and ADR

This Practice Note compares and contrasts, at a high level and in table form, the key differences between arbitration and other forms of alternative...

Produced in partnership with Simmons & Simmons LLP 8th Jan