Jurisdiction(s):
United Kingdom

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...

Intra‑EU investment arbitration post-Achmea: EU law conflict, Member State terminations, Energy Charter Treaty issues and chronology (Archived)

Published by a LexisNexis Arbitration expert

Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained.

Practice Note: Intra-EU Investment Disputes—an introduction

This overview may interest practitioners. Investor reliance on intra-EU bilateral investment treaties (BITs) has provoked substantial debate in recent years. That discussion reveals a tension between rights and protections derived from EU law and those contained in BITs concluded between Member States. This Practice Note sets out the key Arbitration developments in this important sphere. A number of European institutions—most notably the European Commission and the European Court of Justice (ECJ)—have maintained that intra-EU BITs are incompatible with EU law. Unsurprisingly, these concerns have received limited backing within the arbitration community so far. Nevertheless, following the Slovakia v Achmea decision (see below) and the declarations issued by all EU Member States in January 2019 to bring intra-EU BITs to an end (see below), the stance of the European institutions has carried the political day, and disputes arising under intra-EU BITs—at least in their present form—are likely to fade away...

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Ben Sanderson

Ben Sanderson has worked as a partner in the international arbitration group in the London office of Kirkland & Ellis and now works at DLA Piper. He has represented clients across a range of industries, including the energy, mining and technology sectors. His practice focuses, in particular, on high-value international commercial arbitrations - both institutional and ad hoc - and bilateral investment treaty claims....

Web page updated on 21/05/2026

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