Note: This Practice Note should be read in conjunction with Practice Note: Arbitrability in international arbitration.

Generally, arbitration is a contractual Dispute resolution mechanism—it takes place when parties to a dispute agree to resolve it by arbitration rather than through a court process or other means.

While there is no statutory definition of arbitration, the Arbitration Act 1996 (AA 1996) (applicable in England, Wales and Northern Ireland; England is used as a convenient shorthand in this Practice Note) states that it is founded on principles that:

1. •

   arbitration is a process whereby parties obtain a fair resolution of Disputes by an impartial tribunal avoiding unnecessary expense and delay

2. •

   parties are free to agree the process for arbitrating their dispute subject to public interest requirements

3. •

   arbitration is a private dispute resolution mechanism and courts should not intervene unless provided for in AA 1996

As such, as a general rule, it is possible to submit any civil dispute to arbitration, provided that the parties agree to do so. National laws, however, generally