Case study—commencement of arbitration and appointment of arbitrator (AA 1996, ss 14–18)
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  • Case study—commencement of arbitration and appointment of arbitrator (AA 1996, ss 14–18)

Case study—commencement of arbitration and appointment of arbitrator (AA 1996, ss 14–18)

Section 14 of the Arbitration Act 1996 (AA 1996) states that parties are free to agree when an arbitration commences, but in the absence of agreement, sets out when the arbitration will have deemed to have commenced.

Where a party is coming to the end of a limitation period for commencing arbitration, it is important to be clear about when the arbitration commences. Further, clarity on this point is important as several other important dates, such as the timetable for appointment of the tribunal, will be determined by the date of commencement. For more information on limitation periods, see Practice Notes: Commencement date of an arbitration under the AA 1996 and arbitration rules, Limitation periods in arbitration (England & Wales) and Foreign Limitation Periods Act 1984.

AA 1996, ss 15–18 deal with the appointment of the tribunal, with AA 1996, s 18 enabling a party to apply to court for assistance where a party fails to appoint.

This case study gives notice of commencement and starts the procedure for appointment of the tribunal, whether the arbitration will be determined by a sole arbitrator or by a three-person tribunal in accordance with the arbitration agreement, the applicable arbitration rules or the relevant legislation. This case study covers appointment under AA 1996, see Practice Note: AA 1996—appointing the

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