Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

Arbitration Act 1996 s 44 interim/emergency relief in support of arbitration—England and Wales: procedure (CPR Part 8), evidence, urgency and appeals

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note sets out how to apply to the courts of England and Wales for interim and/or emergency relief in support of arbitration, and should be read alongside Practice Note: AA 1996—interim and/or emergency relief—powers of the English court.

The procedure for seeking relief from the court

Claims to the court for assistance in aid of arbitral proceedings are made under section 44 of the Arbitration Act 1996 (AA 1996). The process for securing interim or emergency relief (the expressions are used interchangeably) is the same whether or not arbitration has been commenced. Where no arbitration is yet underway, an undertaking to commence proceedings will typically form a necessary element of the application.

A claim for emergency relief in support of an arbitration must be initiated by issuing an arbitration claim form in accordance with the cpr Part 8 procedure. The arbitration claim form (Form N8) must be filed together with a supporting witness statement and the relevant court fee (see Practice Note: Court fees in civil proceedings)...

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Web page updated on 21/05/2026

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