Commentary

15 Main principles underpinning the Arbitration Act 1996

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

15 Main principles underpinning the Arbitration Act 1996

| Commentary

2: SCOPE OF THE ARBITRATION ACT 1996

15 Main principles underpinning the Arbitration Act 1996

The Arbitration Act 1996 Section 1 sets out the three general principles on which the Act is founded. In the case of any ambiguity in the Act, these principles have overriding effect1.

  1. 15.1

        The object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal, without unnecessary delay or expense2: This principle informs all of the provisions of the Arbitration Act 1996 and is reflected in the general duty of arbitrators3:

    1. 15.1.1

          to act fairly and impartially as between the parties, giving

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