A quick guide to the arbitration process
A quick guide to the arbitration process

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • A quick guide to the arbitration process
  • No fixed procedure
  • A common procedural structure for an arbitration
  • Enforcement

This Practice Note provides a quick guide to the arbitration process while recognising that there is no set framework or order for arbitration proceedings. For an introduction to arbitration, see Practice Note: Arbitration—an introduction to the key features of arbitration.

No fixed procedure

In England and Wales, court litigation follows a settled pattern as set out in the Civil Procedure Rules (the CPR). Arbitration has no such set formula. The procedure of each arbitration will be tailored to the particular dispute and often adapted as the arbitration progresses depending on the circumstances of the case. The parties’ agreement to the application of arbitration rules and national arbitration laws will, however, provide a framework for arbitral proceedings in most cases.

A common procedural structure for an arbitration

While there is no generally applicable or set procedure, most arbitrations will follow a similar order to that summarised below.

However, the structure of an arbitration will (among other factors) be influenced by the legal background of the counsel and tribunal involved. For example, an arbitration seated in England and presided over by an English arbitrator with parties represented by English counsel is perhaps more likely to follow the format of English litigation than, for example, when US and Swiss counsel appear in front of a Brazilian arbitrator. This Practice Note generally reflects