Get to know the Arbitration Act 1996 inside out with our guidance on all the key sections that make up the Act. Plus, we'll link them to commentary titles like Butterworths Challenges in Arbitration.
Guidance on arbitration pursuant to the rules of leading arbitral institutions, associations and organisations including the ICC, LCIA, LMAA and SIAC.
Detailed guidance on key tasks, processes and issues, including: remote hearings in international arbitration, cybersecurity and international arbitration, data protection/GDPR and arbitration.
From detailed guidance on starting an arbitration, help with jurisdictional challenges, appealing and enforcing arbitral awards, to key information on major international arbitration rules, here's the place to start.
This week’s edition of Arbitration weekly highlights includes coverage of arbitration-related decisions from Brazil, Hong Kong, France, Bosnia and...
The Law Society of England and Wales has published its International Data Insights report, which states that UK legal services exports have increased...
Arbitration analysis: The São Paulo Court of Appeals held that the Kompetenz-Kompetenz principle does not preclude a priori judicial review of an...
Arbitration analysis: The Supreme Court of the Federation of Bosnia and Herzegovina dismissed P. d.d.’s appeal and upheld the Cantonal Court in...
The Presidium of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC) has adopted Rules of Conduct...
Contracting parties rarely consider the fees or costs of the different arbitral institutions when drafting their arbitration agreements, although this...
The question as to which ethical standards apply to English and Welsh lawyers (English and England are used for convenience) acting in international...
This Practice Note sets out the requirements for witness statements for use at trials in the Business and Property Division signed on or after 6 April...
This Practice Note considers fees, advances and costs under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC...
This Practice Note considers the issues arising out of multi-party and/or multi-contract arbitration proceedings under the 2021 International Chamber...
The N8 Claim Form (arbitration) is required for an application for permission to enforce an arbitral award in the same manner as a judgment or order...
PRIVATE & CONFIDENTIAL[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as expert...
The Secretariat of the International Court of ArbitrationInternational Chamber of Commerce[Address of an approved ICC office and by email to the...
The Secretariat of the International Court of ArbitrationInternational Chamber of Commerce[Address of an approved ICC office and by email to the...
This Precedent claim form, with accompanying Drafting Notes, is for making an anti-suit injunction application to restrain or discontinue litigation...
Ad hoc arbitration—an introduction to the key features of ad hoc arbitrationAn ad hoc arbitration is any arbitration in which the parties have not...
Institutional arbitration—an introduction to the key features of institutional arbitrationWhat is institutional arbitration?An institutional...
International arbitration—key differences between international and domestic arbitrationSTOP PRESS: This Practice Note is currently Under Review in...
Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)STOP PRESS: This Practice Note has been updated in light of the new...
Arbitral awards—types, requirements and effectNote: some of the guidance in this Practice Note was developed from content originally produced in...
The seat of the arbitrationThis Practice Note considers the key concept of the seat of an arbitration, with a particular focus on the law of England...
Umbrella clauses in investment treaty arbitrationWhat is an umbrella clause?An umbrella clause (known also as an umbrella agreement or an observance...
Arbitration—an introduction to the key features of arbitrationThis Practice Note provides an introduction to arbitration and its key features, with a...
Arbitration agreements—the doctrine of separability (England and Wales)This Practice Note considers the doctrine of separability under the law of...
Partial awards in arbitrationParties to an arbitration may wish to make an application to the arbitral tribunal for an award to be made on a specific...
Unilateral option clauses—an introductionUnilateral option clauses definedUnilateral option clauses are dispute resolution clauses in agreements that...
Investment treaty arbitration—an introductionThis Practice Note provides an introduction to investment treaty arbitration.Broadly, an investment...
Remedies for breach of the arbitration agreementAn arbitration agreement is evidence that the parties have consented to resolve the dispute by...
AA 1996—challenging and appealing arbitral awards in the English courtGrounds of challenge or appeal against arbitration awardsAn arbitral award can...
Maritime arbitration—an introductionMaritime arbitration is a recognised branch of dispute resolution in international trade and commerce.Maritime...
ICC (2021)—fees, advances and costsCORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical...
Redfern schedule—arbitrationClaimant’s description of documentation requestedClaimant’s position on relevance and materialityRespondent’s response to...
Hong Kong—guide to the Arbitration OrdinanceScopeThe Arbitration Ordinance (Cap 609) (AO) applies to an arbitration under an arbitration agreement...
An arbiter is a neutral third party appointed to resolve a dispute outside the courts, usually by making a binding decision after considering evidence and legal submissions. In modern UK and Irish legal practice, “arbiter” is most closely associated with Scots law, where it is the traditional term for what is otherwise commonly called an “arbitrator”. Scottish arbitration statutes and case law often use “arbiter” and “arbitrator” interchangeably.
In England and Wales, Northern Ireland and Ireland, “arbitrator” is the standard term under arbitration legislation, rules and institutional procedures; “arbiter” may still appear in older contracts, trust deeds or case law but is largely historical or stylistic.
The arbiter’s key legal functions include determining issues of fact and law, issuing an award, and managing the procedure in accordance with the relevant arbitration agreement, institutional rules and governing statute (such as the Arbitration Act 1996 or the Arbitration Act 2010 (Ireland)). An arbiter must be impartial and independent, and their jurisdiction depends on valid party consent. Their awards are generally final and enforceable, subject only to limited grounds of challenge or appeal.
The arbitrator(s) appointed on or behalf of the parties to an arbitration to resolve their dispute. A tribunal may consist of a sole arbitrator or a panel of arbitrators (generally, three).
The International Centre for Settlement of Investment Disputes, an arbitral institution, part of and funded by the World Bank Group, headquartered in Washington, DC, USA. ICSID was established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention).