The following Arbitration guidance note provides comprehensive and up to date legal information covering:
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—arbitration law and practice in England and Wales and News Analysis: Brexit Bulletin—key updates, research tips and resources.
This Practice Note considers how to serve an arbitration claim form issued in the courts of England and Wales (England and English are used as convenient shorthands) on defendants within and outside the jurisdiction.
While the English courts tend to take a non-interventionist approach to arbitration proceedings, there are occasions when the parties to an arbitration (or the arbitral tribunal) may wish to make an application to the English court—see Practice Note: AA 1996—court powers in support of arbitration—an introduction.
All arbitration claims and applications under the Arbitration Act 1996 (AA 1996) are made using an arbitration claim form (Form N8) and issued in accordance with CPR 8, with the exception of applications under AA 1996, s 9 (stay of court proceedings in favour of arbitration), which are made pursuant to the ordinary application process in the existing court proceedings (CPR 23). For guidance on starting arbitration claims in court, see Practice Note: AA
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