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United Kingdom
United Kingdom
Key definition
Commercial arbitration definition What does Commercial arbitration mean? The resolution of business disputes by private arbitration arising out of commercial transactions, such as sale of goods, construction, shipping, energy, finance or technology contracts. It is usually between companies or other private parties, but can include states or state‑owned entities when acting in a commercial capacity. The term is descriptive rather than a defined statutory category. In England & Wales and Northern Ireland, commercial arbitration is governed by the Arbitration Act 1996; in Scotland by the Arbitration (Scotland) Act 2010; and in Ireland by the Arbitration Act 2010, which gives the UNCITRAL Model Law the force of...
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Practical guide to commercial arbitration procedure: ad hoc and institutional frameworks, commencement, tribunal formation, pleadings, evidence, hearings, awards, challenges, recognition and enforcement
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Practice notes
This Practice Note sets out an overview of the commercial arbitration process, whilst acknowledging that, broadly, there is no fixed template or uniform structure for arbitral proceedings. The capacity of the parties to shape, in a meaningful way, how their dispute is determined is frequently cited as a reason to choose arbitration rather than, for instance, litigating before national courts. For a primer on arbitration as a dispute resolution mechanism and on arbitral practice, see Practice Notes: Arbitration—an introduction to the key features of arbitration and Arbitration—new starter guide. For guidance on the often pivotal contribution made by in-house counsel to arbitration, see Practice Note: The role of in-house counsel in international arbitration.
No defined structure for the arbitration process
By contrast with litigation, which generally proceeds according to a settled pattern set out in a procedural code or similar instrument, arbitration follows no single formula. The English and Welsh Civil Procedure Rules (CPR), together with their accompanying practice directions, exemplify the codified approach to court proceedings—see Practice Note: Overview of the litigation process in England and Wales. Arbitral proceedings are not constrained by any equivalent pre-set framework...
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Web page updated on 21/05/2026
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