The provisions of Part I of the Arbitration Act 19961 regulate the conduct of arbitrations in two ways. First, the Act contains mandatory provisions which have effect notwithstanding any agreement to the contrary2. To the extent that the parties have reached an agreement, whether in the arbitration agreement or by a separate agreement, which is inconsistent with one of the mandatory requirements, the relevant provision of the Act takes precedence over the parties' agreement which, in that respect, is unenforceable. Secondly, the Act contains non-mandatory provisions which allow the parties to make their own arrangements by agreement but provide
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
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