The following Arbitration guidance note provides comprehensive and up to date legal information covering:
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.
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. Of course, 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 purposes of the provisions of CPR 62 relating to claims or applications to court under AA 1996, an ‘arbitration claim’ means:
any application to the court under AA 1996 (CPR 62.2(1)(a), CPR PD 62, para 1.1). This could be, for example,
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