The following Construction guidance note Produced in partnership with Mayer Brown International LLP provides comprehensive and up to date legal information covering:
Arbitration is a alternative form of dispute resolution to litigation, under which a dispute is submitted to an arbitrator (or arbitrators) for determination, rather than to a court. It is a consensual process in the sense that it will only apply if the parties agree it should.
Arbitration grew out of the international and local courts that were set up as an alternative to the royal court system in the Middle Ages. These courts were set up in response to the demand by merchants for an alternative system for the resolution of commercial cases because the royal court system was slow, not well-suited to mercantile disputes and not accessible to parties who were not resident in England. A predominant feature of these courts was that strict formalities should be waived or set aside in commercial cases to allow for the law to be speedily administered.
The practice of arbitration was eventually given a statutory basis in England when Parliament passed the first Arbitration Act in 1698. Subsequent legislation led to the Arbitration Act 1996 (AA 1996), which is the principal English arbitration statute.
Despite various attempts to define arbitration, there is no single accepted definition. This may reflect the multi-facetted nature of the process and the way
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234