The arbitration agreement is considered the ‘foundation stone’ of arbitration, typically setting out where, how and under what circumstances arbitrations between parties are to be conducted.
This subtopic contains practical guidance on the arbitration agreement and related matters. The various Practice Notes consider the nature, content and scope of the arbitration agreement, the doctrine of separability of the arbitration agreement, and the relevance of the New York Convention in this particular context. Guidance on how the law of the arbitration agreement may be determined is also provided, as well as content on how to effectively incorporate an arbitration agreement into a contract, the factors that may prevent an arbitration agreement from being upheld, and what disputes may be arbitrated (ie arbitrability). Guidance on the closely-related concept of the seat of arbitration (or arbitral seat) can also be found in this subtopic, as well as information on multi-party and multi-contract arbitrations, the impact of the Contracts (Rights of Third Parties) Act 1999 on arbitration, and unilateral option clauses.
Generally speaking, this subtopic provides guidance on the arbitration agreement under English and Welsh law and the
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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 international contexts. For more information on arbitration agreements, see the
Institutional arbitration—an introduction to the key features of institutional arbitrationWhat is institutional arbitration?An institutional arbitration is one that is administered by an institution agreed upon by the parties and conducted in accordance with that institution’s arbitration rules.
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
Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)STOP PRESS: This Practice Note has been updated in light of the new Arbitration Act 2025 and contains reference to amended provisions in the Arbitration Act 1996. For further information on when the new act comes into
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