Remedies for breach of the arbitration agreement

Copyright © 2025 LexisNexis
Produced in partnership with Heidi Yildiz of The 36 Group
Practice notes

Remedies for breach of the arbitration agreement

Copyright © 2025 LexisNexis

Produced in partnership with Heidi Yildiz of The 36 Group

Practice notes
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STOP PRESS: This Practice Note is currently Under Review in light of the new Arbitration Act 2025. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force?

An Arbitration agreement is evidence that the parties have consented to resolve the dispute by arbitration and that consent, once given validly, cannot be unilaterally withdrawn. Further, the obligation to arbitrate is independent and separable from the main contract. Should one party breach that Agreement by attempting to resolve the dispute by way of legal proceedings in a court, there are remedies available both nationally and internationally to enforce the obligation to arbitrate as evidenced by the arbitration agreement.

The remedy of enforcement of an arbitration agreement by a stay of proceedings

By section 9(1) of the Arbitration Act 1996 (AA 1996), a party to an arbitration agreement against whom legal proceedings are brought in respect of a matter which under that agreement is to be referred to arbitration, may apply to the court

Heidi Yildiz
Heidi Yildiz

Barrister, The 36 Group

Heidi Yildiz practises international arbitration and commercial litigation as a barrister at 36 Stone, the 36 Group. She is also admitted to practise as an attorney in Finland and is a non-practising English solicitor, having previously practised for more than 12 years as a solicitor. In addition to her counsel practice, Heidi is developing a practice as an arbitrator. She is a fellow of the Chartered Institute of Arbitrators and has been admitted to the SIAC Reserve Panel of Arbitrators.
 
Heidi is recognised in the Legal500 Private Practice Arbitration Powerlist UK 2022 and 2023 as a leading International Arbitration Counsel in the UK and has since 2018 been recognised by Who’s Who Legal Arbitration as one as one of the World's future arbitration leaders.
 
Heidi has nearly 15 years of experience as a counsel in complex and high-value international arbitration disputes, both of a private and public law nature. As counsel, Heidi has represented a broad range of clients across a range of different industry sectors in institutional arbitrations conducted under the ICC, LCIA, DIS, FAI, LMAA, UNCITRAL and PCA Rules as well as ad hoc arbitrations, governed by a variety of substantive and procedural laws. In addition to commercial litigation experience at English courts, she has gained a broad commercial litigation experience at all stages of a dispute and at all levels of court in Finland.
 
Heidi trained first as a solicitor in the London office of Wilmer Hale and upon qualification practiced international arbitration there until 2011. Her experience at WilmerHale included working as part of a team that successfully represented SPLM/A in the ground-breaking Abyei boundary delimitation proceedings against the Government of Sudan conducted under the auspices of the Permanent Court of Arbitration in The Hague. Thereafter, she worked nearly ten years at a leading Finnish firm, Dittmar & Indrenius in Helsinki until she transferred to the English Bar in July 2021 and joined 36 Stone as a full member. 

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
the arbitration agreement definition
What does the arbitration agreement mean?

party consent is at the heart of arbitration, and the arbitration agreement (or arbitration clause) represents a mutual, contractual agreement between the parties to resolve disputes by arbitration, rather than by submitting to the jurisdiction of national courts. Those new to arbitration may be involved with advising on the initial choice of arbitration and drafting the precise wording of the arbitration agreement or clause. The arbitration agreement is also of central relevance when, for example, commencing/responding to arbitration proceedings, assessing the jurisdiction of the tribunal (both pre- and post-award), and potentially during award set-aside and/or recognition and enforcement proceedings. AA 1996—the arbitration agreement—England and Wales—overview contains links to practical guidance on matters related to arbitration agreements, including how they can be drafted, the requirements for a valid and enforceable arbitration agreement, what disputes are capable legally of being resolved by arbitration (ie whether they are arbitrable), and the ‘separability’ of the arbitration clause from any wider contract in which it is found

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