Arbitration—an introduction to the key features of arbitration

Produced in partnership with Simmons & Simmons

Practice notes

Arbitration—an introduction to the key features of arbitration

Produced in partnership with Simmons & Simmons

Practice notes

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, alternative

Jurisdiction(s):

United Kingdom

Key definition:

Arbitration definition

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.

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