Starting an arbitration

This subtopic provides practical guidance on how to start (or commence) arbitration proceedings under the Arbitration Act 1996 (AA 1996) and related matters, including taking into account pre-arbitration obligations and other considerations.

Generally speaking, this subtopic provides guidance on starting an arbitration under English and Welsh law and the AA 1996, which applies, with some exceptions, to arbitrations seated in England, Wales and Northern Ireland. Guidance on related court procedure is limited to the courts of England and Wales (England and English are used as convenient shorthand). Practitioners may find some of the guidance relevant to arbitrations seated outside of these jurisdictions.

To compare how arbitrations are commenced in jurisdictions around the world, please see our International Comparator Tool.

Matters to consider prior to starting the arbitration

Prior to commencing arbitration proceedings, or when in receipt of a notice requiring arbitration, it will typically be relevant to consider whether pre-arbitration conditions or formalities have been complied with and act accordingly. Guidance on this and other related matters is included in Practice Notes: AA 1996—starting an ad hoc arbitration and

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Conditional stays, intention to arbitrate, and costs sanctions (DKB v DKC)

Arbitration analysis: In DKB v DKC, it was decided by the Singapore International Commercial Court (SICC) that, when an award creditor seeks to enforce an arbitral award, those enforcement proceedings can be stayed in favour of arbitration under section 6 of the Singapore International Arbitration Act 1994 (IAA 1994). A dispute over whether the award creditor could enforce the award had arisen out of a post-award settlement agreement which in turn contained an arbitral clause. The court granted a conditional stay requiring the award debtor to commence arbitration under the settlement agreement. Ultimately, the stay was lifted when the award debtor did not commence arbitration. In a subsequent costs decision (DKB v DKC), the court made no order as to costs for the stay application despite the award debtor’s success in obtaining a stay. According to the court, the award debtor’s post-hearing conduct showed that the award debtor did not intend to enforce the right to arbitrate which had formed the foundation of its stay application. The court reasoned that while post-hearing conduct is generally irrelevant to costs, where a party seeks relief based on rights it has no intention of exercising, fairness and justice require departure from the usual rule that costs follow the event. Written by A/Prof Darius Chan, deputy director, Singapore International Dispute Resolution Academy; director, Breakpoint LLC; Door Tenant, Fountain Court Chambers.

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