AA 1996—starting arbitration claims in court

Copyright © 2025 LexisNexis
Published by a LexisNexis Arbitration expert
Practice notes

AA 1996—starting arbitration claims in court

Copyright © 2025 LexisNexis

Published by a LexisNexis Arbitration expert

Practice notes
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This PrACTice Note considers the general procedure for commencing Arbitration Claims before the English and Welsh courts under the Arbitration Act 1996 (AA 1996) (English and England are used as a convenient shorthand in this Practice Note). Any additional considerations relevant to specific arbitration claims will be dealt with in the Practice Notes or other content which focus on such applications.

What is an arbitration claim?

For those considering making an application to court pursuant to AA 1996 for the first time, the terminology of ‘starting an arbitration claim’ using an ‘arbitration claim form’ may be confusing as it may suggest the commencement of substantive arbitration proceedings. Arbitration proceedings are, generally, commenced by notices of arbitration (in ad hoc arbitration) or requests/demands/notices for arbitration (in institutional arbitration), rather than by way of a claim form as used to commence litigation proceedings. Despite this potential confusion, the CPR, Practice Directions and the English judiciary generally refer to ‘arbitration claims’ rather than arbitration-related applications, although in some cases the language of ‘applications’ is also used by the courts.

For the

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United Kingdom
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Key definition:
Arbitration definition
What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

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