Essex Court Chambers
4 Experts
2 Contributions by Essex Court Chambers Experts
PRACTICE NOTES
This Practice Note explores what is meant by the law governing an arbitration agreement and the manner in which that law is identified under the law of England and Wales (using England and English as convenient shorthand in this context). It further addresses the newly passed Arbitration Act 2025 and the changes it has introduced to the English law rules that govern deciding which law applies to arbitration agreements.
The law of the arbitration agreement
Under the Arbitration Act 1996 (AA 1996), an arbitration agreement—where the seat is in England and Wales or Northern Ireland—is an agreement to refer existing or future disputes, contractual or otherwise, to arbitration (AA 1996, s 6). Most often, this is set out as a clause in the principal contract, though it may equally be recorded in a separate agreement, either when the contract is made or once a dispute has
Arbitration
PRACTICE NOTES
This Practice Note sets out guidance and practical advice for Claimants submitting a claim on pinqDR’s online platform. It should be read alongside the pinqDR Rules. References to Articles are to Articles of the Rules. Capitalised terms carry the meanings given to them in the Rules.
Who are these guidance notes for?
These notes are intended for Claimants bringing a claim on pinqDR. Some of the core processes described are also relevant to Respondents. ‘Claimants’ are any Representatives of companies pursuing a claim on pinqDR. This typically includes in-house counsel, management, and any external Representatives such as external counsel and administrative support.
Key principles
Speed — pinqDR arbitration operates under strict time limits. The whole process must be completed within eight weeks of Commencement.
Proactivity — pinqDR Arbitrators and the parties must be more proactive than is usual in traditional
Arbitration
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