Arbitration Definition

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GLOSSARY

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What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

Unlike other forms of alternative dispute resolution, arbitration is governed by statute: Arbitration Act 1996.

Commercial

Arbitration is a form of alternative dispute resolution in which parties to a dispute submit to the binding decision of a person acting in a judicial manner in private, rather than to a court of law.

Unlike other forms of alternative dispute resolution, arbitration is governed by statute: the Arbitration Act 1996.

Dispute Resolution

Unlike other forms of alternative dispute resolution, arbitration is governed by statute: Arbitration Act 1996.

View the related checklists about Arbitration

MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Governing law and jurisdiction clauses in commercial contracts―checklist

Governing law and jurisdiction clauses in commercial contracts―checklist This Checklist of resources sets out some of the issues when considering governing law and jurisdiction in the context of commercial contracts. Governing law and jurisdiction clauses are categorised as boilerplate clauses in an agreement. For more information on boilerplate clauses, see: Boilerplate clauses—overview. For details about the role of boilerplate clauses and approaches to reviewing and drafting common boilerplate clauses, see Practice Note: The role of boilerplate. A governing law clause (also known as an applicable law clause) is used to allow the parties to specify the substantive law that will apply to the interpretation of an agreement and, in the event of a dispute, in relation to it. For an example of a governing law clause, see Precedent: Governing law clause. The applicable law clause in a contract will usually be set out alongside a jurisdiction clause. It is important to note that jurisdiction and governing law are separate issues. A jurisdiction clause is necessary to allow the parties to...

UK design infringement action—flowchart

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Differences between adjudication and other forms of dispute resolution

This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert determination.LitigationAdjudication is a quick method of settling disputes on a provisional interim basis—it is binding until finally resolved by arbitration, litigation or agreement. The requirements of natural justice that are crucial in litigation are important in adjudication. However, in the adjudication context, the rules of natural justice are secondary to the requirement that the adjudicator must reach a decision in a very limited period. See Practice Note: Breach of natural justice in adjudication.ConfidentialityIn litigation the court’s judgment is made public. Adjudicator’s decisions rarely make it into the public domain due to their lack of authority in other proceedings. In addition, the parties to adjudication can enter into a confidentiality agreement.ProcedureLitigation is regulated by the Civil Procedure Rules. The relevant legislation in relation to adjudication (governing. among other things, its timescales and procedure) is Part II of the Housing Grants, Construction and Regeneration Act 1998 and, if applicable, the Scheme for Construction Contracts.Legal costs...

Arbitration procedure—pursuant to the Arbitration Act 1996

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Short-form facility agreement (term loan): single company borrower—bilateral—unsecured

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Dive into our 589 Precedents related to Arbitration

In an arbitration under the London Court of International Arbitration Rules 2014 (LCIA Rules 2014), how does a respondent learn of the date of commencement of the arbitration? Does that date correspond to the date on which the LCIA notifies the respondent of its receipt of the request for arbitration and of the registration fee?

In an arbitration under the London Court of International Arbitration Rules 2014 (LCIA Rules 2014), how does a respondent learn of the date of commencement of the arbitration? Does that date correspond to the date on which the LCIA notifies the respondent of its receipt of the request for arbitration and of the registration fee? The date of commencement of an arbitration under the London Court of International Arbitration Rules 2014 An arbitration in the London Court of International Arbitration (LCIA) is commenced by the claimant delivering the request for arbitration to the LCIA Registrar (the Registrar) (LCIA, Art 1). As this Q&A has identified, the date of commencement of an LCIA arbitration is the date of receipt of the request by the Registrar, subject to the actual receipt of the registration fee as provided by LCIA, Art 1.4. A respondent will learn of the date of the commencement from the LCIA secretariat. As a matter of practice, the LCIA secretariat will notify all parties simultaneously of...

In light of coronavirus (COVID-19), is arbitration preferable over litigation as a method of dispute resolution given the increased flexibility inherent in arbitration proceedings generally?

In light of coronavirus (COVID-19), is arbitration preferable over litigation as a method of dispute resolution given the increased flexibility inherent in arbitration proceedings generally? Clare Ambrose, Twenty Essex This is a ‘once in a generation’ challenge. We will see over the next months how the court system and the arbitration community respond. Arbitration is more flexible, and it is already common for directions to be made electronically, CMCs to be heard by telephone and disputes to be resolved by documents only. It is hoped that arbitration will be agile to meet the needs of parties. If so, and virtual hearings (or even partially virtual hearings) start to work well, then they will become an attractive feature. Corporations weathering this crisis will be mindful of resilience for the next one. Arbitration will be attractive if it is seen to work in times of crisis. If it becomes cheaper and more sustainable too then that must be a bonus. Hamish Lal, Akin Gump The tangible and significant impacts of...

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HKIAC establishes Beijing Representative Office

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BCLP publishes 2024 international arbitration survey

Bryan Cave Leighton Paisner (BCLP) has published its 2024 International Arbitration Survey, focusing on the challenges posed by corruption in arbitration proceedings. The survey reveals that while 82% of respondents are confident in the arbitration process's ability to handle corruption issues, 64% express concern about potential abuse of the arbitral process in such cases. Notably, 67% of respondents favour introducing transparency rules for commercial arbitrations involving states or state-owned entities. The survey also indicates strong support for requiring 'clear and cogent' evidence for corruption allegations, and a majority advocate for additional best practice guidelines in arbitrations involving corruption allegations. These findings underscore the complex interplay between confidentiality, transparency, and procedural integrity in arbitrations dealing with corruption issues.

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