the arbitration agreement definition

party consent is at the heart of arbitration, and the arbitration agreement (or arbitration clause) represents a mutual, contractual agreement between the parties to resolve disputes by arbitration, rather than by submitting to the jurisdiction of national courts. Those new to arbitration may be involved with advising on the initial choice of arbitration and drafting the precise wording of the arbitration agreement or clause. The arbitration agreement is also of central relevance when, for example, commencing/responding to arbitration proceedings, assessing the jurisdiction of the tribunal (both pre- and post-award), and potentially during award set-aside and/or recognition and enforcement proceedings. AA 1996—the arbitration agreement—England and Wales—overview contains links to practical guidance on matters related to arbitration agreements, including how they can be drafted, the requirements for a valid and enforceable arbitration agreement, what disputes are capable legally of being resolved by arbitration (ie whether they are arbitrable), and the ‘separability’ of the arbitration clause from any wider contract in which it is found