Jurisdiction(s):
United Kingdom

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Key definition

Arbitration agreement definition

What does Arbitration agreement mean? An arbitration agreement is the parties’ agreement to refer present or future disputes to arbitration instead of litigating in court. It is usually an arbitration clause in the main contract or a separate submission agreement, and typically sets the seat of arbitration, the appointing mechanism for the tribunal, the number of arbitrators and any institutional rules. It does not itself appoint the arbitrator, and the arbitrator is not a party to the arbitration agreement. The concept is defined in legislation: section 6 of the Arbitration Act 1996 (England, Wales and Northern Ireland), section 4 of the Arbitration...

Arbitration agreements: formation, parties, clause types, institutional or ad hoc, and key drafting points (England and Wales)

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note reviews the content of the arbitration agreement, with particular emphasis on the position under English and Welsh law (using England and English as shorthand throughout)...

You should, in particular, read this Practice Note alongside Practice Notes: Arbitration agreements—definition, purpose and interpretation, and Arbitration agreements—the in writing requirement...

Further Practice Notes on arbitration agreements are also available in the ‘Related documents’ pod...

Contractual Requirements for arbitration agreements

Under English law, an ‘arbitration agreement’ must be concluded in line with ordinary contractual principles...

Whether compliance with those principles is achieved will be determined by the law applicable to the arbitration agreement (about which, see below)...

In Black Sea Commodities v Lemarc Agromond, the court made plain that the doctrine of separability of the arbitration agreement did not modify that general position...

An arbitration agreement cannot be deemed agreed if there was no consensus ad idem to the contract within which the putative arbitration agreement would sit (Black Sea Commodities v Lemarc Agromond)...

See also Mustill & Boyd, Commercial Arbitration and Investor State Arbitration, Third Edition, 2024 LexisNexis at page 55...

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Web page updated on 21/05/2026

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