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Arbitration clauses and third party rights: checklist under the Contracts (Rights of Third Parties) Act 1999 and Arbitration Act 1996 (England and Wales)

Published by a LexisNexis Arbitration expert

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This Checklist

To be read together with the Practice Note entitled Arbitration and the Contracts (Rights of Third Parties) Act 1999. It highlights key matters to assess when deciding whether arbitration clauses within contracts also bind a third party under the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999):

Does the relevant contract expressly disapply the C(RTP)A? Many commercial agreements expressly exclude the C(RTP)A 1999
Is the contract expressly subject to English law? If English law does not govern, then the C(RTP)A 1999 may not apply to the contract
If the contract is not governed by English law, but the arbitration clause is, the C(RTP)A 1999 may nevertheless apply to the arbitration agreement (see eg AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC)
Also, check the date of the contract...

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James Hayton

LK Law LLP

James Hayton leads the arbitration practice at LK. He has extensive experience with resolving disputes through commercial litigation and international arbitration, across a variety of industries, including financial services, professional services and the art world. He has handled arbitrations under the LCIA, ICC, ICSID and UNCITRAL rules, as well as ad hoc arbitrations, and has also seen the process from the Tribunal’s point of view as Secretary of the Tribunal. James has been published in leading journals on topics in international arbitration and civil procedure. He is a contributor to Arlidge, Eady & Smith on Contempt (5th ed., Sweet & Maxwell) on breaches of civil orders and undertakings. James founded the University of Cambridge’s alumni arbitration association (CamARB) and also chairs the Balkan Arbitration Conference, the first and leading arbitration conference for the Balkan region as a whole. ...

Web page updated on 20/05/2026

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