Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Arbitration rules definition

What does Arbitration rules mean? arbitration rules are the procedural framework that governs how an arbitration is run, including commencement, appointment and challenge of arbitrators, case management, evidence, confidentiality, hearings, interim (and often emergency) relief, awards and costs. In practice they come from two sources: (1) the mandatory and default provisions of the law of the seat (lex arbitri); and (2) any institutional or ad hoc rules the parties select (for example, the LCIA Rules, ICC Rules, HKIAC Rules, SIAC Rules or the UNCITRAL Arbitration Rules). The expression is descriptive and not a defined statutory term. Usage is consistent across the UK...

Arbitration Act 1996 s 45: applying to court to determine preliminary points of law of England and Wales—requirements, procedure, discretion, effect on arbitration, appeals and leading cases

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note

This Practice Note addresses applications and referrals to the courts of England and Wales (using English and England for convenience) that seek the determination of preliminary questions of law under section 45 of the Arbitration Act 1996 (AA 1996). Ordinarily, in arbitral proceedings, legal issues are determined by the tribunal itself, subject always to any appeal to the court under AA 1996, s 69 (a route frequently, in practice, waived either expressly by the parties or via their selected Rules, eg LCIA Arbitration rules, art 26.8). Section 45 is not compulsory and, if not disapplied by the arbitration agreement (and the chosen rules), its scope is confined and exceptional; it ought not to be used, or appear to be used, as a device for sidestepping the parties’ commitment to arbitrate. The court’s jurisdiction is circumscribed—see below—and the arbitral tribunal may opt to proceed with the arbitration whilst a section 45 application is on foot and unresolved. That said, in some instances, depending on the dispute’s specifics, it can be preferable for the court to decide a point of law swiftly, rather than leaving it to the tribunal in its final award...

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Web page updated on 21/05/2026

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