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GLOSSARY

Arbitration Act 1996 definition

Published by a LexisNexis Commercial expert

What does Arbitration Act 1996 mean?

The arbitration Act 1996 governs the legal interpretation of arbitration agreements.

Notwithstanding any provisions to the contrary in the arbitration agreement, the mandatory requirements under the Arbitration Act 1996 take precedence over any provisions of the parties' agreement. Non-mandatory provisions act as default provisions where matters are not covered by the parties' express agreement.

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How to conduct efficient arbitration—checklist

How to conduct efficient arbitration—checklist Techniques for controlling time and costs in arbitration This Checklist is derived from the ICC publication: Techniques for controlling time and costs in arbitration. The report is aimed at the tribunal, arming them with methods of conducting efficient arbitration. It is also useful for practitioners preparing for arbitration. The following are suggestions to practitioners derived from the ICC's report. Timetable • make all reasonable efforts to comply with the timetable and only request extensions when justified • consider whether hearings could be avoided or conducted by telephone • consider fixing the hearing date in order to encourage all parties and the tribunal to be efficient and to manage busy diaries • consider how IT could be used to make the process more efficient—be pro-active in making suggestions to the tribunal about the use of technology in the arbitration process • be realistic about timetables and deadlines • considering whether the dispute would be better resolved by resolution of one or more preliminary issues by the...

Before commencing witness conferencing in arbitration—checklist

Before commencing witness conferencing in arbitration—checklist This Checklist sets out the issues to consider prior to agreeing to or commencing witness conferencing (also known as 'hot-tubbing') in arbitration: • How much advance warning have you had? To have a fair opportunity to present its case, counsel should fully agree the basic rules for witness conferencing with the arbitral tribunal well in advance of the hearing. Tribunals can sometimes suggest witness conferencing once the hearing has already begun and parties will feel under pressure to accept. Counsel should carefully consider the implications it may have in terms of procedural fairness and ensure that clients are completely comfortable with proposals before any agreement is given. • How does your witness compare with the other witnesses? Witness conferencing may be a risk if your witness is likely to become confused or meek when challenged. This is equally true if your witness is likely to become hostile or defensive when challenged. A witness with a dominating character may appear uncooperative...

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A guide to the Arbitration Act 1996 (AA 1996)

For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient shorthand) and/or seeking enforcement of domestic or international awards in English and Welsh courts, understanding the Arbitration Act 1996 (AA 1996) is fundamental. Unlike the arbitration legislation of some other leading seats of arbitration, for example Hong Kong’s Arbitration Ordinance (Cap 609), the AA 1996 does not transpose or is not largely based on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), although the AA 1996 does owe much to that instrument. After it was enacted, the AA 1996 was described as a ‘striking innovation’ that ‘create[d] an accessible and almost complete code of conduct, embodying a consistent vision of the arbitral process…’ (Mustill & Boyd, Commercial Arbitration, Second Edition, 2001 Companion, LexisNexis® Butterworths, page 3) (Mustill & Boyd, 2001 Companion).The AA 1996 is divided into four parts and four schedules:•AA 1996, Pt 1, which contains the basic principles of the law of arbitration in...

Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and Wales, including the Arbitration Act 1996 (AA 1996).Arbitration is a form of final and binding dispute resolution presided over by an appointed arbitral tribunal (one or three arbitrators, typically) acting in a quasi-judicial manner. Arbitration is, generally speaking, founded on party agreement (the arbitration agreement), and regulated and enforced by national law and national courts. In choosing arbitration, parties opt for a private dispute resolution procedure instead of litigating in court. The result of an arbitration is, usually, an arbitral award, which is a final, binding and enforceable (as against the losing party or parties) decision on the dispute submitted for determination (and akin to a court judgment). Arbitral awards are subject to limited rights of challenge or appeal on either standalone bases or as defences to recognition and enforcement.International commercial arbitration is considered by the international business community to be a true, and often preferable,...

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Transport and Maritime Arbitration Rotterdam—Amsterdam (TAMARA) model arbitration clause

The Transport and Maritime Arbitration Rotterdam-Amsterdam (TAMARA) model arbitration clause is as follows.

China Maritime Arbitration Commission (CMAC) model arbitration clause

China Maritime Arbitration Commission (CMAC) model

Dive into our 60 Precedents related to Arbitration Act 1996

To what extent do arbitral tribunals (governed by English law) apply the Halsey approach following a failure to mediate under a tiered dispute resolution clause?

To what extent do arbitral tribunals (governed by English law) apply the Halsey approach following a failure to mediate under a tiered dispute resolution clause? The English courts have imposed costs sanctions on litigating parties who have unreasonably failed to mediate and one of the leading cases in this regard is Halsey v Milton Keynes General NHS Trust. See Practice Note: Costs consequences of refusing to consider ADR in civil proceedings for, among other matters, more information on that case and how it has been interpreted by the English courts in the context of litigation proceedings. One of public policy reasons for the English court’s decision to sanction parties in costs for unreasonable refusing to mediate in litigation is that the court resources are finite and, if possible, the parties should resolve their disputes without recourse to the courts or with limited court intervention. However, it may be suggested that no equivalent public policy exists in arbitration as arbitration is a private, consensual dispute resolution procedure...

Where a commercial lease provides that service charge disputes will be determined by arbitration under the Arbitration Act 1996, if the tenant refuses to cooperate/to share the cost of appointing an arbitrator, does the landlord have to appoint an arbitrator in any event to determine the amount of the service charge payable by the tenant, or can the landlord issue court proceedings for the amount claimed without first going to an arbitrator?

Where a commercial lease provides that service charge disputes will be determined by arbitration under the Arbitration Act 1996, if the tenant refuses to cooperate/to share the cost of appointing an arbitrator, does the landlord have to appoint an arbitrator in any event to determine the amount of the service charge payable by the tenant, or can the landlord issue court proceedings for the amount claimed without first going to an arbitrator? If a dispute arises over these or any other issues, the starting point for resolving the dispute will be the lease, read in conjunction with the RICS Code of Practice. While leases will generally provide for the service charge account to be final and binding on the tenant, the RICS Code refers to the tenant's 'Right to challenge' (RICS Code, section 4.5). Hence, the landlord should allow the tenant a reasonable amount of time from issuing certified accounts (say four months) to raise queries or request further information. The landlord should deal with any reasonable...

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Decoding arbitral disputes: Prestige's jurisprudential legacy

Law360, Expert analysis: The 2002 M/T Prestige oil tanker incident has sparked the rise of jurisprudential ramifications towards the enforcement of arbitral awards. Josep Galvez, barrister at 4–5 Gray’s Inn Square Chambers, examines significant cross-border investment and commercial European disputes while exploring the long-running legal proceedings stemming from the 2002 sinking of the M/T Prestige oil tanker—involving multiple jurisdictions, including the Spanish Supreme Court, UK Supreme Court, and EU institutions.

Revocation of court orders and declarations (Bayerische Landesbank v RusChemAlliance)

Arbitration analysis: This decision is one of a series of judgments relating to the granting of anti-suit injunctions (ASI) to restrain Russian court proceedings commenced in breach of agreements to arbitrate, arising in connection with the Russian invasion of Ukraine and the measures taken by the Russian government and the Russian courts following the invasion and its aftermath. In this matter, the three claimant banks (Bayerische Landesbank, Landesbank Baden-Württemberg and Commerzbank AG) sought not only the revocation of the final ASIs they had obtained, but also sought the revocation of declarations regarding jurisdiction, governing law, and breach of contract. This decision therefore provides guidance on the circumstances in which the English courts will revoke orders and declarations they have made. Written by Oliver Browne, partner at Paul Hastings (Europe) LLP.

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