Arbitration Act 1996 meaning

When considering an arbitration, you should consider: how the dispute will be financed and managed overall can the client realistically cover your professional fees together with the arbitration expenses? could another party or source be prepared to pick up the entire bill? is any relevant insurance already in place and available? would after-the-event insurance cover be an appropriate option? might your firm accept a conditional fee arrangement, a damages-based agreement, or some other funding structure? See Funding Arrangements—Overview (note: this link is not arbitration-specific) is the client open to exploring third-party funding? ...

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This Checklist offers a concise examination of the hands-on elements involved in the tribunal secretary’s role. Its scope is to steer legal practitioners on considerations when choosing and collaborating with a tribunal secretary. The Checklist expresses no opinion on whether appointing a tribunal secretary is suitable; that determination lies with the parties and the arbitral tribunal case by case—see Practice Note: Tribunal secretaries in international arbitration—the advantages and disadvantages. It draws on the legal framework (primarily arbitration rules), case law/jurisprudence, soft law (guidelines and practice notes), professional experience, and prevailing market practices. Taxonomy Tribunal secretary is an umbrella term for a person who supports an arbitral tribunal (a sole arbitrator or a panel) during arbitration proceedings, assisting the tribunal throughout the conduct of proceedings as the arbitration process advances further...

Bayerische Landesbank and another v Ruschemalliance LLC [2024] EWHC 1822 (Comm) What are the practical implications of this case? In keeping with comparable determinations, this judgment succinctly sets out the jurisdictional thresholds and principal considerations the court applies when evaluating applications for anti‑suit injunctions. It underscores the judiciary’s practical bent and operates as a constructive illustration of inter‑court co‑ordination, projecting a clear signal where numerous contests flow from identical underlying events, even though such matters are dealt with at varying moments and tiers of the court structure. In sum, the outcome reasserts the English courts’ steadfast commitment to upholding arbitration, including in circumstances where the arbitral seat is situated in a foreign state. What was the background? In 2021, the defendant, Ruschemalliance LLC (“RCA”), a Russian entity, entered into two Engineering, Procurement and Construction agreements for the development of liquefied natural gas and gas processing plant facilities in Russia. The obligations owed by RCA’s counterparties, the German companies Linde GmbH and Renaissance Heavy Industries LLC (together,...

In this issue Working time and flexible working Pay Tax Prohibited conduct (discrimination etc) Employment tribunal equality claims Diversity and gender pay gap Industrial action Unfair dismissal Employment tribunals Immigration Northern Ireland ESG and sustainability: employment issues Daily and weekly news alerts Dates for your diary Trackers New Q&As Working time and flexible working Code of Practice (Requests for Flexible Working) Order 2024 (SI 2024/429): The Order designates 6 April 2024 as the date on which the updated Code of Practice on handling requests for flexible working, issued by the Advisory, Conciliation and Arbitration Service (Acas) under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), takes effect. It also clarifies that the revised Code does not cover applications for flexible working made under section 80F of the Employment Rights Act 1996 (ERA 1996) that are lodged on or before 5 April 2024;...

Alrubie v Chelsea Football Club Ltd and another [2025] EWHC 541 (Comm) What are the practical implications of this case? This decision will particularly interest arbitration practitioners and professionals working in sports clubs, and could equally concern other organisations whose members are controlled by association rules. Commonly, those participating in professional sports clubs accept, by reason of their membership, that they are bound by the club’s rulebook and by the regulations of any national and worldwide governing bodies. Such regimes routinely incorporate arbitration agreements, owing in part to the confidentiality of arbitral proceedings, which protects against undesirable public attention, and in part to the ability to appoint arbitrators with specialist knowledge of the sport’s rules and industry practices. The case clarifies that these rules may have ‘horizontal’ contractual effect between members, as well as ‘vertical’ effect between each member and the governing body, notwithstanding the absence of any express bilateral agreement between members. It underlines how membership-based governance can, through the acceptance of rulebooks, generate binding obligations that...

This Practice Note clearly explains the courts’ function within the context of family arbitration. In matters concerning families, any arbitration normally proceeds under the Institute of Family Law Arbitrators (IFLA) scheme. The courts continue to have overall jurisdiction over any family arbitration award or determination and will endorse the award or determination provided it falls within recognised limits, thereby fully respecting the parties’ autonomy. For further practical guidance on, among other things, the conduct of arbitration in family cases, the principal advantages of arbitration, the scope of the IFLA scheme and the arbitrator’s powers, please see Practice Note: Family arbitration—introduction. Acting on Law Commission proposals to reform the Arbitration Act 1996 (AA 1996) and to bring in measures to bolster arbitrator immunity, enhance overall case efficiency and clarify the court’s powers, a draft Bill reflecting those recommendations was formally laid before Parliament and subsequently obtained Royal Assent on 25 February 2025. Accordingly, the Arbitration Act 2025 (AA 2025) modifies AA 1996 from 1 August 2025 by virtue of the Arbitration...

ARCHIVED: This Practice Note is archived and not kept up to date. Practical implications of West Tankers In short, the current position arising from the West Tankers saga (so far) is: Any EU Member State court seised of proceedings must rule on its own jurisdiction to determine the dispute. Under Brussels I and Brussels I (recast), courts of another Member State cannot remove that competence from it. An arbitral tribunal has jurisdiction to award damages for breach of an obligation to arbitrate. Where jurisdiction is disputed (as it often is), consider advising clients to obtain a standalone final award addressing jurisdiction at the outset, and then seek to have it recognised and enforced by the court (the application would be made under the procedure set out in CPR 62). This should prevent a conflicting court judgment taking precedence, on the basis of issue estoppel. Thereafter, the parties can proceed to the liability and quantum issues within the arbitration. West Tankers—the...

A central element in giving effect to an agreement to arbitrate is safeguarding the jurisdiction of the arbitral tribunal seized of the dispute. In New Zealand, a range of remedies exists to protect the tribunal’s exclusive authority from both domestic and overseas court proceedings. In addition, parties have avenues to address situations where the arbitral tribunal has been improperly seized of jurisdiction... Accordingly, this Practice Note considers the following issues: applying for a stay of court proceedings in favour of arbitration applying for injunctions in the New Zealand courts to restrain foreign court proceedings brought in breach of an arbitration agreement (the ‘anti-suit’ injunction) challenging the jurisdiction of an arbitral tribunal in New Zealand Both international and domestic arbitration in New Zealand is governed by the Arbitration Act 1996. The Arbitration Act largely implements the UNCITRAL Model Law as Schedule 1 to the Act. Additional optional procedural rules are supplied under Schedule 2, which apply to all domestic arbitrations unless the...

[ Submitted on behalf of the ] Claimant [ Insert the witness’s initials and surname together with the witness statement number ] [ insert the initials and the reference number for each exhibit cited ] [ insert date ] [ Date of translation: [ insert date ] ] Claim No.: [ insert claim number ] In the High Court of Justice Business and Property Courts of England and Wales Commercial Court (KBD) OR Claim No.: [ Insert details ] In the High Court of Justice Business and Property Courts in [ insert location ] [ specify division ] [ specify specialist court ] in an Arbitration claim And in the matter of an Arbitration Between [ insert Claimant’s name ] Claimant and [ insert Respondent’s name ] Respondent WITNESS STATEMENT OF [ insert witness’s name ] I, [ insert witness’s name ], of [ insert address ], set out as follows: This witness statement is made in support of the Claimant’s...

[ Date ] [ Respondent's Counsel ] [ Address ] Dear [ insert organisation name ] [ Arbitral Institution ] Arbitration [ Arbitration No. ]: [ Claimant ] v. [ Respondent ]—appointment of the sole arbitrator In accordance with clause [ insert clause ] of the [ arbitration agreement ], we hereby write concerning the appointment of the sole arbitrator. To ensure this process is handled promptly and even-handedly, we suggest the most efficient way forward would be for the parties to reach a joint agreement on a suitable candidate...

Lodged on behalf of the Defendant Witness statement of [ insert initial and surname of witness ] Number of witness statement: [ insert number of witness statement in relation to the witness ] Exhibit details: [ insert initials and number of each exhibit referred to ] Date on which statement was made: [ insert date ] [ Date of translation: [ insert date ] ] CLAIM NO: [ insert claim number ] IN THE HIGH COURT OF JUSTICE, Business and Property Courts of England and Wales, Commercial Court (KBD) OR In the High Court of Justice, Business and Property Courts in [ insert location ] [ specify division ] [ specify specialist court ] BEFORE [ insert judge’s name ] AND IN AN ARBITRATION CLAIM Between 1 [ insert Claimant’s name ] Claimant -and- 2 [ insert Defendant’s name ] Defendant AND IN THE MATTER OF AN ARBITRATION Between 1 [ insert Claimant’s...

Clare Ambrose, Twenty Essex The clear benefit is that the hearing can proceed and the dispute be determined, which is the tribunal’s fundamental objective. The tribunal’s obligation to be fair to both sides does not compel an in-person hearing; if suitable arrangements permit the hearing to happen, that will be a weighty factor in favour. There is also a possible gain in cost efficiency: although premium technology may incur expense, savings on hearing venues and travel and hotel accommodation could be substantial. Virtual hearings remain relatively novel, so practice is evolving to manage practicalities and logistics across the board. The range of technological solutions is broad and warrants careful review and thorough investigation by the parties involved. For the hearing to run smoothly, every participant in the arbitration should trial their equipment in the precise location from which their virtual hearing will (for each of them) be conducted...

Clare Ambrose, Twenty Essex The party’s representative should liaise with the witness and the other side. It should seldom be impossible to resolve matters by arranging for evidence to be given remotely. Such an approach is fairly standard practice...