AA 1996—service of arbitration claims within, and out of, the jurisdiction
Produced in partnership with Vivek Kapoor, 39 Essex Chambers
AA 1996—service of arbitration claims within, and out of, the jurisdiction

The following Arbitration practice note produced in partnership with Vivek Kapoor, 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • AA 1996—service of arbitration claims within, and out of, the jurisdiction
  • Service of arbitration claims within the jurisdiction
  • Who is responsible for service?
  • When do I serve the claim form?
  • What do I need to serve?
  • Who do I serve on?
  • How do I serve?
  • Responding to an arbitration claim
  • Service of arbitration claims out of the jurisdiction
  • How do I apply for permission to serve out?
  • More...

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 for convenience) 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 for a overview of the court’s powers in support of arbitration proceedings under the Arbitration Act 1996 (AA 1996).

All arbitration claims and applications under the 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 1996—starting arbitration claims in court. For guidance on AA 1996, s 9 applications, see Practice Note: AA 1996—stay of court proceedings to enable arbitration (s 9).

Service of arbitration claims within the jurisdiction

The meaning of an arbitration claim and arbitration claim form is discussed in Practice Note: AA 1996—starting arbitration claims in court.

'Within the jurisdiction' means, unless

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