Conducting the arbitration

Copyright © 2025 LexisNexis

STOP PRESS: This Overview is currently Under Review in light of the new Arbitration Act 2025 which came into force on 1 August 2025. For further information see: Arbitration Act 2025 commencement and transitional provisions 

A quick guide to arbitration procedure

There is no set procedure for arbitration akin to that set out in the CPR for litigation. That said, many arbitrations follow a regular format allowing time for formal commencement of the arbitration, appointment of tribunal, preliminary hearing/procedural meetings, exchange of submissions, provision of written and oral evidence, substantive hearing, close of proceedings and provision of an award.

For more information, see Practice Note: A quick guide to the arbitration process.

Arbitration procedure under the AA 1996 in England and Wales

Arbitration under the Arbitration Act 1996 (AA 1996), rather than in accordance with the rules of an arbitral institution or organisation, is an ad-hoc procedure not administered by an institution or body. It is for the tribunal (once appointed) to control the arbitration and, subject to the parties’ agreement, to set and drive the procedure of the

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Arbitration News

Jurisdictional immunity and Portuguese public policy arguments dismissed in recognition of arbitral award (Gold Reserve Inc v Venezuela)

Arbitration analysis: In a recent decision in a case between Gold Reserve Inc and Venezuela, the Portuguese Supreme Court of Justice (SCJ) provided a clear stance on sovereign immunity and public policy. The court decided that sovereign immunity from jurisdiction is waived when a state consents to being sued. This decision was based on the unilateral offer to arbitrate under the Venezuela-Canada BIT, the New York Convention (‘NYC’), and the settlement agreement between the parties. The court did not address immunity from execution. Regarding public policy, the SCJ applied the exception under the NYC very narrowly. The court dismissed arguments that recognising the arbitration award would violate Portuguese legal principles, including environmental and local population protection, non-interference, proportionality, and abuse of rights. The SCJ found no evidence of any specific abuse of rights under Portuguese law and rejected the argument that recognition was sought to pierce the corporate veil and reach assets of other Venezuelan entities. Written by Ana Coimbra Trigo, senior associate at PLMJ Law Firm, Lisbon, and Francisco Salvado Bastos, trainee lawyer at PLMJ Law Firm, Lisbon.

Arbitration and insolvency in Brazil—set-off limits (MSERJ v CARTS)

Arbitration analysis: This case concerned a request for partial annulment of an arbitral award that had recognised the set-off of mutual claims under a civil works contract, based on a contractual clause, in a context where one of the parties had entered judicial reorganization proceedings in Brazil. The Brazilian Superior Court of Justice (STJ) held that arbitral tribunals lack jurisdiction to determine the set-off of pre-petition claims. Even if set-off is contractually provided for and may have occurred before the filing, only the reorganisation court may validate it. While the decision directly limits the role of arbitration in such contexts, the STJ’s reasoning also applies to judicial proceedings outside the insolvency court. Any recognition of set-off involving pre-petition credits must be made within the reorganization forum. The ruling has important implications for parties dealing with financially distressed companies in Brazil, requiring a strategic reassessment of how mutual obligations are structured and how risks are managed in light of potential insolvency. Written by Christian Lopes, partner at VLF Advogados, and Maria Eduarda Boson, associate at VLF Advogados.

Strict time limits and thresholds for section 68 challenges—RTI & Rusal v OWH

Arbitration analysis: This case concerned an application by the respondent, OWH, for the summary dismissal of a section 68 of the Arbitration Act 1996 (AA 1996) challenge brought by the claimants, RTI and Rusal. RTI and Rusal alleged that the relevant award was affected by serious irregularities under AA 1996, s 68(2)(a), (c), (d) and/or (g), and sought an extension of time to bring their challenge outside the 28-day limit prescribed by AA 1996, s 70(3). OWH argued that the application was improper, hopeless, and should be summarily dismissed, and that, being out of time, no extension should be granted. The court agreed, refusing the late AA 1996, s 68 challenge. The judgment reinforces the strict approach to statutory time limits and the high evidential threshold for serious irregularity claims, underlining the principle of finality in arbitration. Written by Oliver Browne, partner at Paul Hastings (Europe) LLP.

USA—judge compels arbitration of dispute over German litigation funding

Mealey’s: A Delaware federal judge on 11 August 2025 granted a third-party litigation and arbitration funder’s motion to compel arbitration of a German entity’s complaint seeking declaratory relief that an arbitration agreement entered into between the parties as part of an agreement to fund litigation against German truck makers is not enforceable.

View Arbitration by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Remedies for breach of the arbitration agreement

Remedies for breach of the arbitration agreementSTOP PRESS: This Practice Note is currently Under Review in light of the new Arbitration Act 2025. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force?An arbitration

Arbitral awards—types, requirements and effect

Arbitral awards—types, requirements and effectSTOP PRESS: This Practice Note is currently Under Review in light of the new Arbitration Act 2025. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force?Note: some of the

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

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). This Practice Note should be read in conjunction with Practice Note:

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

Ad hoc arbitration—an introduction to the key features of ad hoc arbitrationAn ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support
Remedies for breach of the arbitration agreement

Remedies for breach of the arbitration agreement

Remedies for breach of the arbitration agreementSTOP PRESS: This Practice Note is currently Under Review in light of the new Arbitration Act 2025. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force?An arbitration

Arbitral awards—types, requirements and effect

Arbitral awards—types, requirements and effect

Arbitral awards—types, requirements and effectSTOP PRESS: This Practice Note is currently Under Review in light of the new Arbitration Act 2025. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force?Note: some of the

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

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

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). This Practice Note should be read in conjunction with Practice Note:

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

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

Ad hoc arbitration—an introduction to the key features of ad hoc arbitrationAn ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support