Starting an arbitration

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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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Post-hearing delay and the Public Policy Threshold in Arbitration (Lancor Holdings Ltd v Prem Kumar Menon)

Arbitration analysis: In Lancor Holdings Ltd v Prem Kumar Menon, the Supreme Court of India held that while mere delay in rendering an arbitral award is not an independent ground for setting it aside under Section 34 of the Arbitration and Conciliation Act, 1996, an inordinate and unexplained delay that materially affects the reasoning or renders the award unworkable may vitiate it on grounds of patent illegality or conflict with public policy. The court found that a nearly four-year post-hearing delay, coupled with contradictory reasoning and loss of adjudicatory coherence, defeated the fundamental objectives of arbitration - finality, fairness, and efficiency. Invoking its powers under Article 142 of the Constitution of India to avoid remanding a 16-year-old dispute to fresh arbitration, the court upheld the validity of the sale deeds executed by the developer but directed forfeiture of ₹10 crore in favour of the landowners as a condition for the developer reclaiming its contractual share. The ruling underscores that procedural legitimacy and timeliness are integral to arbitral justice, refining public policy review as limited safeguard against systemic arbitral failure rather than a vehicle for merits reappraisal. Practical implications written by Prasanth Raju of Chambers of Prasanth Raju.

Commentary—international arbitration experts discuss the use of an AI arbitrator for construction arbitrations

Mealey’s International Arbitration Report recently asked industry experts and leaders for their thoughts on the American Arbitration Association’s International Centre for Dispute Resolution (AAA-ICDR) announcement of the launch of an AI arbitrator for use in construction arbitration.

SVAMC and DIS sign MoU

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Switzerland - Revision of an arbitral award influenced by forgeries and fraud (A.________ v B.________, 4A_268/2025)

Arbitration analysis: In a judgment dated 22 October 2025 (4A_268/2025), the Swiss Federal Tribunal granted an application for revision of an international arbitral award rendered by the Court of Arbitration for Sport (CAS 2018/O/5735), holding that the award had been influenced, to the detriment of the player, by criminal offences committed by his former agent. The criminal courts had established that the agent had submitted forged contracts and a fabricated email in order to mislead the sole arbitrator and obtain payment of an undue commission. Relying on Article 190a(1)(b) of the Swiss Private International Law Act (PILA), the Federal Tribunal set aside the award and remitted the case to the CAS. The decision is exceptional in Swiss arbitration practice, where successful revisions of arbitral awards based on criminal conduct remain extremely rare. It underscores the decisive evidentiary role played by criminal proceedings—particularly where criminal authorities, unlike arbitral tribunals, can rely on coercive powers and international mutual legal assistance to uncover fraud. More broadly, the judgment confirms that Swiss law provides an effective mechanism to ensure that arbitration cannot be instrumentalized as a vehicle for criminal misconduct. Written by Pierre Ducret, CMS Switzerland, counsel to the player before the Swiss Federal Tribunal, and in all related proceedings.

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