The Arbitration Act 1996 (eBook)

A Commentary

Bruce Harris, Rowan Planterose, Amanda Lee, Ben Giaretta, Ravi Aswani, Andrew Stevens, Jonathan Schaffer-Goddard, Jonathan Tecks (Autoren)

eBook Download: EPUB

2025 | 6. Auflage
1087 Seiten
Wiley-Blackwell (Verlag)
978-1-119-89755-2 (ISBN)

Infos

Understand the law governing arbitration in England and Wales

The Arbitration Act 1996, in force across England and Wales since 31 January 1997 and amended by the Arbitration Act 2025, consolidated prior legislation and transformed the practice of arbitration in those countries. Many challenging questions arising from the Act continue to occupy the courts, particularly the Commercial and Technology & Construction Courts, and guidance from legal experts continues to contribute to active debate on its interpretation.

The Arbitration Act 1996: A Commentary provides a practical, accessible, section-by-section overview of both the 1996 and 2025 Acts. Intended for arbitrators, lawyers, and practitioners who need a clear understanding of the Acts' practical application, it covers the key cases that have shaped its interpretation, and has long been used by the Chartered Institute of Arbitrators as a recommended training text.

Readers of the sixth edition will also find:

• Detailed commentary on the Arbitration Act 2025, keeping English arbitration law at the cutting edge
• Comprehensive updates reflecting new case law and court guidance
• Analysis of over 100 new arbitration cases and their impact on interpretation of the Act
• Practical, user-friendly organisation, supporting application by arbitration practitioners

The Arbitration Act 1996: A Commentary is an essential resource for arbitrators, barristers, solicitors, and other professionals working in, or connected with, arbitration.

'What is needed... is comprehensive guidance from those who have actual experience and knowledge of arbitration, whether as arbitrators or parties to arbitration. This new edition provides that guidance in full measure, just as have the previous editions. To my mind it is a source of invaluable assistance to all involved in English arbitration.'
-LORD SAVILLE of Newdigate

Textauszug

Part 1
Materials

A. Arbitration Clauses

Examples

We have prepared two sample arbitration clauses specifically designed for use with the Act. In each case they are intended simply to establish the arbitration tribunal and do not embark upon the possible powers that the tribunal might have.

It should be noted that both these clauses anticipate another clause in the relevant contract which provides for a notice to be given that will determine when the arbitration starts. In the absence of such a provision, the default provisions in s.14(3) to (5) will apply.

Clause (1) — Sole arbitrator

‘Any dispute or difference arising out of or in connection with this contract shall be referred to the arbitration of a sole arbitrator to be appointed in accordance with s.16(3) of the Arbitration Act 1996 (‘the Act’), the seat of such arbitration being hereby designated as London, England. In the event of failure of the parties to make the appointment pursuant to s.16(3) of the Act, the appointment shall be made by the President for the time being of the Chartered Institute of Arbitrators. The arbitration will be regarded as commenced for the purposes set out in s.14(1) of the Act when one party sends to the other the notice described in clause [ ] of this contract. The arbitrator shall decide the dispute according to the substantive laws of England and Wales. This arbitration agreement shall be governed by the law of England and Wales.’

Clause (2) — Two arbitrators and a chairman

‘Any dispute or difference arising out of or in connection with this contract shall be referred to the arbitration of two arbitrators and a chairman to be appointed in accordance with s.16(5) of the Arbitration Act 1996 (‘the Act’), the seat of such arbitration being hereby designated as London, England. S.17 of the Act shall not apply. In the event of failure of either of the parties to make the appointment pursuant to s.16(5) of the Act, or in the event of failure by the arbitrators to appoint a chairman, such appointment shall be made by the President for the time being of the Chartered Institute of Arbitrators who shall have the powers otherwise given to the court under s.18(3) of the Act. The arbitration will be regarded as commenced for the purposes set out in s.14(1) of the Act when one party sends to the other the notice described in clause [ ] of this contract. Save that in respect of matters of procedure (other than where the parties are agreed) decisions or orders may be made by the chairman acting alone, s.20(3) and (4) of the Act shall apply. The arbitrators shall determine the dispute in accordance with the substantive laws of England and Wales. This arbitration agreement shall be governed by the law of England and Wales.’

B. Agreements Prior to or on Constitution of Arbitration

Introduction

This is one of a number of checklists of points arising for consideration or agreement designed to assist with implementing the Act.

Whilst the lists have been drawn up broadly by reference to the different stages or aspects of an arbitration, such an exercise is arbitrary since many such points may be addressed at more than one stage or in relation to more than one aspect. We have therefore tried to identify those matters which we think most likely to be addressed at certain stages.

Dealing with preliminary meetings and awards, the checklists are, of course, primarily addressed to the arbitrator.

Checklist for Agreements Prior to or on Constitution of the Arbitration

Seat of the arbitration — (s.3)

• The parties may designate the seat;
• The parties may empower an arbitral institution or other person to designate the seat;
• The parties may authorise the tribunal to designate the seat;
• Otherwise, the court will determine the seat.

General means of providing for non‐mandatory provisions — (s.4)

• The parties may make their own agreement or agreements dealing with specific non‐mandatory provisions;
• The parties may adopt institutional rules;
• The parties may adopt the laws of another state;
• The parties may use a combination of the above;
• Save as ousted by party agreements, institutional rules or choice of foreign law, the default non‐mandatory provisions in the Act apply.

Separability of arbitration agreement — (s.7)

• The parties may agree that an arbitration clause is not separable from the main agreement;
• Otherwise, it is so separable.

Death of a party — (s.8)

• The parties may agree that an arbitration agreement is discharged by the death of a party and so may not be enforced by or against the personal representatives of that party;
• Otherwise, it is not so discharged.

Commencement of arbitral proceedings — (s.14)

• The parties may agree when arbitral proceedings are to be regarded as commenced for the purposes of Part I of the Act and of the Limitation Acts;
• Otherwise, default provisions apply.

Arbitral tribunal — (s.15)

• The parties may agree on the number of arbitrators to form the tribunal and whether there is to be a chairman or umpire;
• Where the parties have agreed on an even number of arbitrators, they may agree that there should be no additional arbitrator as chairman (otherwise an agreement for two arbitrators is understood as requiring the appointment of a third, as chairman);
• In default of agreement as to number, there will be a sole arbitrator.
• (Note, therefore, that if the parties require more than one arbitrator, agreement is essential.)

Procedure for appointment of arbitrators — (s.16)

• The parties may agree on the procedure for appointing the arbitrator or arbitrators, including the procedure for appointing any chairman or umpire;
• Default provisions apply if there is no agreement, or only an agreement covering some of these matters.

Appointment of sole arbitrator in case of default — (s.17)

• The parties may agree that s.17 (appointment of first party's arbitrator as sole arbitrator where second party fails to make an appointment) does not apply.

Failure of appointment procedure — (s.18)

• The parties may agree what is to happen in the event of a failure of the procedure for the appointment of the arbitral tribunal;
• Default provisions apply if or to the extent that there is no agreement.

Chairman — (s.20)

• Where there is to be a chairman, the parties may agree his or her functions as to the making of decisions, orders and awards;
• Default provisions apply if or to the extent that there is no agreement.

Umpire — (s.21)

• Where there is to be an umpire, one should be appointed once the party‐appointed arbitrators are in place, absent agreement to some other effect;
• Where there is to be an umpire, the parties may agree his or her functions;
• Default provisions apply if or to the extent that there is no agreement.

Decision making where there is no chairman or umpire — (s.22)

• The parties may agree how the tribunal is to make decisions, orders and awards where they have previously agreed that there shall be two or more arbitrators with no chairman or umpire;
• In the absence of such an agreement, decisions are made by all arbitrators or a majority.

Revocation of arbitrator's authority — (s.23)

• The parties may agree in what circumstances the authority of an arbitrator may be revoked;
• Default provisions apply to the extent that there is no agreement.

Jurisdiction of the arbitral tribunal — (s.30)

• The parties may agree that the tribunal cannot rule on its own substantive jurisdiction;
• Otherwise, it can.

Consolidation — (s.35)

• The parties may agree on consolidation of arbitrations or concurrent hearings, or that the tribunal shall have power so to order;
• Otherwise, the tribunal has no such power.

Representation — (s.36)

• The parties may agree that rights to representation be limited;
• Otherwise, they may be represented by a lawyer or other person.

Appointing experts, legal advisers or assessors — (s.37)

• The parties may agree that the tribunal may not appoint experts, etc.;
• Otherwise, the tribunal has such power of appointment;
• The parties may agree they should not be given a reasonable opportunity to comment on the output of such an expert.
• (Note that s.37(2), in relation to the fees and expenses of such experts, is mandatory.)

General powers of tribunal — (s.38)

• The parties may agree on the powers exercisable by the tribunal;
• But the powers in subss.(3) to (6) will apply unless a contrary agreement can be spelt out.

Power to make...

Produkt-Details

• Erscheint lt. Verlag: 25.11.2025
• Sprache: englisch
• Themenwelt: Technik ► Bauwesen
• Schlagworte: commercial and engineering arbitration • commercial arbitration • commercial courts • Commercial Law • construction law • Dispute Resolution • legal guidance • Maritime Law • properly arbitration • Property Law • Technology and Construction Courts
• ISBN-10: 1-119-89755-6 / 1119897556
• ISBN-13: 978-1-119-89755-2 / 9781119897552