The following Arbitration guidance note Produced in partnership with Arnold & Porter provides comprehensive and up to date legal information covering:
The venue is the seat, or the legal place, of the arbitration. This Practice Note addresses the importance of selecting the seat with a particular focus on the United States of America (USA or US).
Note: US judgments referred to in this Practice Note are not reported by LexisNexis® UK.
Venue is the seat, or the legal place, of the arbitration. Frequently overlooked by the parties at the time of contracting, the selection of the seat is one of the most important choices to make during contract negotiations.
The seat of the arbitration usually determines the applicable procedural law (lex arbitri) that will govern the arbitration. This choice has important practical and legal implications, because it will determine (among other matters):
the role of local courts in relation to the arbitration
the standard for determining the validity of the arbitration agreement, and
the standard for recognition of the arbitral award
For further information, see Practice Notes: The seat of the arbitration and Choosing the seat of arbitration.
Although arbitration is largely an extra-judicial process, the courts where the arbitration is seated can impact substantially the arbitral proceedings at every stage of the process, for example:
before the arbitration has been initiated, the courts may assist parties in commencing the
**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