AA 1996—responding to a Notice of Arbitration
AA 1996—responding to a Notice of Arbitration

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

  • AA 1996—responding to a Notice of Arbitration
  • What to consider on receipt of the notice of arbitration
  • Appointing the tribunal
  • Counterclaim
  • Preparing for the arbitration

In order to commence an arbitration under the Arbitration Act 1996 (AA 1996), unless the parties have agreed otherwise, the procedure is that the claimant serves a notice of arbitration (the Notice) on the respondent requiring appointment of/agreement to appointment of the tribunal, see Practice Note: AA 1996—starting an arbitration.

What to consider on receipt of the notice of arbitration

On receipt of the Notice, AA 1996 only requires the respondent to participate in the appointment of the tribunal. In practice however, as soon as a Notice is received, the respondent (or its advisors) should see:

  1. that any relevant limitation periods have been complied with (or this will form a defence)

  2. if the Notice names the correct person or entity

  3. if the Notice was served on the correct person or entity (though notice can be served by any effective means so this is usually not an issue)

  4. that any pre-arbitration conditions in the arbitration agreement have been complied with. For example, is there a pre-condition to arbitrate to mediate or engage in any other ADR procedure? if not, does the respondent wish to try to enforce it? (see Cable & Wireless and