Conducting the arbitration

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 arbitration.

For more information, see Practice Note: Arbitration procedure—pursuant to the Arbitration Act 1996.

Service of notices of arbitration under the AA 1996 in England and Wales

This Practice Note sets out how to serve

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Arbitration analysis: In Aroma Franchise Company, Inc v Aroma Espresso Bar Canada Inc 2024 ONCA 839, the Court of Appeal for Ontario (the ‘Court’) clarified the law pertaining to the assessment of arbitrators’ disclosure obligations and to challenges based on reasonable apprehension of bias. The Court held that the test that applies to an arbitrator’s duty to disclose under Ontario’s International Commercial Arbitration Act, 2017, SO 2017, c 2, Sch 5, which incorporates the UNCITRAL Model Law on International Commercial Arbitration (‘Model Law’) is an objective one. The Court reinstated the arbitral award which had been set aside by the Superior Court based on a subjective approach to disclosure under the IBA Guidelines rather than the Model Law. Written by Philippe Boisvert and Dayeon Min, lawyers at Borden Ladner Gervais.

The English court’s jurisdiction to grant anti-suit injunctions in relation to proceedings against third parties to an arbitration agreement (Renaissance Securities Ltd v ILLC Chlodwig Enterprises)

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