Arbitration procedure—Arbitration Act 1996
Produced in partnership with Vinson & Elkins LLP

The following Arbitration practice note produced in partnership with Vinson & Elkins LLP provides comprehensive and up to date legal information covering:

  • Arbitration procedure—Arbitration Act 1996
  • AA 1996 procedure
  • Mandatory provisions
  • Tribunal’s discretion
  • Parties choice
  • Failure to adopt suitable procedures
  • The award
  • After the award

Arbitration procedure—Arbitration Act 1996

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 in terms of what hearings, submissions and evidence there will be. The structure of the proceedings is actually set by the tribunal subject to any agreement of the parties and any mandatory provisions of AA 1996. Those procedural and evidential matters considered by the tribunal are set out

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