Arbitration—United Kingdom—Q&A guide

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

  • Arbitration—United Kingdom—Q&A guide
  • 1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?
  • 2. Do bilateral investment treaties exist with other countries?
  • 3. What are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?
  • 4. Is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?
  • 5. What are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?
  • 6. Is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute?
  • 7. What are the most prominent arbitral institutions situated in your jurisdiction?
  • 8. Are there any types of disputes that are not arbitrable?
  • 9. What formal and other requirements exist for an arbitration agreement?
  • More...

Arbitration—United Kingdom—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in United Kingdom published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2021).

Authors: Herbert Smith Freehills LLP—Craig Tevendale; Vanessa Naish; Rebecca Warder

1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

England and Wales form part of the United Kingdom. The UK is a signatory to the New York Convention, which entered into force on 23 December 1975.

The UK has made what is known as the 'reciprocity reservation'. By virtue of this, the UK's New York Convention obligations will therefore apply only to the recognition and enforcement of awards made in the territory of another contracting state. The UK has also extended the convention's territorial application, including to certain of its overseas territories and crown dependencies.

The UK is party to:

  1. the Convention on the Settlement of Investment Disputes between States and Nationals of Other States 1966 (the ICSID Convention);

  2. the Energy Charter Treaty (which came into force on 16 April 1998); and

  3. the Geneva

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