Arbitration procedure—pursuant to the Arbitration Act 1996

Produced in partnership with Vinson & Elkins LLP
Practice notes

Arbitration procedure—pursuant to the Arbitration Act 1996

Produced in partnership with Vinson & Elkins LLP

Practice notes
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Arbitration under the Arbitration Act 1996 (AA 1996) is an ad-hoc procedure not administered by an institution. It is for the tribunal (once appointed) to control the arbitration and, subject to the parties’ agreement, to set and drive the procedure of the arbitration.

For an overview of the structure of arbitration proceedings, see Practice Note: A quick guide to the arbitration process, which sets out the 'general' structure that an arbitration will follow. Note, however, that the structure of the arbitration will be influenced by the legal background of the counsel and tribunal involved—an English-seated arbitration in front of an English Arbitrator with parties represented by English counsel is likely to follow the format of English litigation. However, where American and English counsels appear infront of a South-American arbitrator, the procedure may well be different and influenced by its participants (though clearly directed by the tribunal).

AA 1996 procedure

Sections 33–41 of AA 1996 are under the heading ‘the arbitral proceedings’. However, in practice, AA 1996 (deliberately) contains no set structure for the arbitration

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Jurisdiction(s):
United Kingdom
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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