AA 1996—starting arbitration claims in court

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

  • AA 1996—starting arbitration claims in court
  • What is an arbitration claim?
  • How do I start an arbitration claim?
  • The arbitration claim form
  • Written evidence in support
  • Where do I issue the arbitration claim?
  • How do I effect service on the defendant?
  • How to respond to an arbitration claim form
  • Case management of arbitration claims (including directions)

AA 1996—starting arbitration claims in court

CORONAVIRUS (COVID-19): Due to the coronavirus (COVID-19) pandemic, what was considered previously ‘business as usual’ service in the courts of England and Wales may not always be possible. It is important for practitioners to keep up to date with the latest information relevant to the operation of the courts in relation to proceedings already on foot and also for those yet to be commenced. For coverage of these developments and related guidance, see our news feed, Coronavirus (COVID-19) implications for dispute resolution—overview, Coronavirus (COVID-19) and arbitration—overview and Practice Note: Coronavirus (COVID-19) implications for dispute resolution.

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),

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