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About Arbitration

Whether you need detailed guidance on starting and running an arbitration under the Arbitration Act 1996, assistance on issues such as jurisdictional challenges, appealing arbitral awards and enforcement, or require key information on the practice and procedure of the major international arbitration rules, Lexis+ Arbitration is the place to start.

The Arbitration Act 1996

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.

Institutional and ad hoc inclusive

Guidance on arbitration pursuant to the rules of leading arbitral institutions, associations and organisations including the ICC, LCIA, LMAA and SIAC.

Practical and skills-focused

Detailed guidance on key tasks, processes and issues, including: remote hearings in international arbitration, cybersecurity and international arbitration, data protection/GDPR and arbitration.

Start with Lexis+® 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.

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Associated legal terms

domestic arbitration

Concerned entirely with national or domestic issues, and all aspects of the arbitration proceedings relate to a single jurisdiction. For example, a commercial dispute between two English companies concerning a domestic supply contract governed by English law, seated in London, and conducted ad hoc in accordance with the provisions of the Arbitration Act 1996 (AA 1996)

Institutional arbitration

Arbitration administered by an arbitral institution. Generally, an institutional arbitration is conducted in accordance with the arbitral institution’s own arbitration rules, such as the LCIA Arbitration rules. Institutional arbitration is also referred to as administered arbitration, but arbitrations can be administered by other bodies too, such as trade associations.

jurisdiction and applicable law

jurisdiction (sometimes referred to as substantive jurisdiction, including under the AA 1996) is an important and frequently encountered concept in arbitration, which encompasses issues such as whether the tribunal has, under the relevant arbitration agreement and any applicable laws/rules, the authority to determine the relevant dispute. In arbitration it is generally established in national laws (eg AA 1996, s 30(1)) and arbitration rules that the arbitral tribunal should be able to rule on whether it has jurisdiction to determine the dispute referred to it—this is often referred to as the principle of kompetenz-kompetenz (or competence-competence). However, the tribunal’s determination of its own jurisdiction is not generally considered absolute. If the tribunal lacks jurisdiction (for example, the arbitration agreement was invalid or the tribunal was improperly constituted), this may provide grounds to object to the tribunal’s authority to preside over the arbitration, which is typically done during the proceedings themselves, and may also be the subject of set-aside or contested proceedings for recognition and enforcement. As for applicable law, what law applies to, or governs, the arbitration proceedings (the lex arbitri or curial law), the arbitration agreement, and the parties’ substantive dispute, will all need to be considered and determined in an arbitration. Often such matters are clearly agreed and expressed between the parties, usually in a substantive contract between them. However, sometimes the applicable law(s) are unclear, and may be the subject of argument and challenge. AA 1996—jurisdiction and applicable law—England and Wales—arbitration—overview provides links to practical guidance on these two key concepts, as well as related matters including: the power of the court to stay (ie pause indefinitely) litigation proceedings commenced in breach of an arbitration agreement; the power of the court to issue an injunction with respect to a party commencing/pursuing litigation proceedings in another jurisdiction in breach of an arbitration agreement (ie an anti-suit injunction); the power of the court to issue an injunction with respect to a party commencing/pursuing arbitration proceedings in breach of the parties’ contractual bargain (ie an anti-arbitration injunction); the power of the court to issue an injunction preventing the enforcement of a court judgment (ie an anti-enforcement injunction), which may be useful if the judgment was obtained in breach of an arbitration agreement; the potential relevance of state (sovereign) immunity in arbitration, including with respect to jurisdiction and enforcement of awards; and, the interaction between arbitration and insolvency proceedings
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