UUÂãÁÄÖ±²¥

View the related practice notes about Arbitration Act 1996

A guide to the Arbitration Act 1996 (AA 1996)

For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient shorthand) and/or seeking enforcement of domestic or international awards in English and Welsh courts, understanding the Arbitration Act 1996 (AA 1996) is fundamental. Unlike the arbitration legislation of some other leading seats of arbitration, for example Hong Kong’s Arbitration Ordinance (Cap 609), the AA 1996 does not transpose or is not largely based on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), although the AA 1996 does owe much to that instrument. After it was enacted, the AA 1996 was described as a ‘striking innovation’ that ‘create[d] an accessible and almost complete code of conduct, embodying a consistent vision of the arbitral process…’ (Mustill & Boyd, Commercial Arbitration, Second Edition, 2001 Companion, UUÂãÁÄÖ±²¥Â® Butterworths, page 3) (Mustill & Boyd, 2001 Companion).The AA 1996 is divided into four parts and four schedules:•AA 1996, Pt 1, which contains the basic principles of the law of arbitration in...

Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and Wales, including the Arbitration Act 1996 (AA 1996).Arbitration is a form of final and binding dispute resolution presided over by an appointed arbitral tribunal (one or three arbitrators, typically) acting in a quasi-judicial manner. Arbitration is, generally speaking, founded on party agreement (the arbitration agreement), and regulated and enforced by national law and national courts. In choosing arbitration, parties opt for a private dispute resolution procedure instead of litigating in court. The result of an arbitration is, usually, an arbitral award, which is a final, binding and enforceable (as against the losing party or parties) decision on the dispute submitted for determination (and akin to a court judgment). Arbitral awards are subject to limited rights of challenge or appeal on either standalone bases or as defences to recognition and enforcement.International commercial arbitration is considered by the international business community to be a true, and often preferable,...