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...

Capacity to arbitrate: natural and corporate persons, states and insolvency: applicable law and consequences

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note closely examines the capacity of parties to conclude an arbitration agreement and to participate effectively in arbitral proceedings. It should be borne in mind that an arbitration clause may continue to operate even where the principal contract in which it sits is invalid—see Practice Notes: Arbitration agreements—the doctrine of separability (England and Wales) and Separability of arbitration agreements in international arbitration. From a capacity standpoint, this implies a party might lack capacity to enter the main contract yet still have capacity to agree to arbitrate as a matter of law.

Consequences of incapacity

Both parties entering into an agreement must possess the necessary legal capacity to do so, failing which the agreement is void. An agreement to arbitrate is in absolutely no way different in this respect from any other type of contract—see Practice Note: Forming enforceable contracts—capacity...

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Irina Tymczyszyn

Tymczyszyn Arbitration

Irina Tymczyszyn is an English Solicitor-Advocate and a well-known international arbitration specialist. Over the last 20 years, Irina has acted as counsel and arbitrator in multiple international commercial arbitration proceedings seated around the world. She has considerable experience in multi-jurisdictional cross-border disputes specialising in investment and post-M&A disputes, shareholders’ disputes, commodity trading, construction, energy and natural resources disputes. Ms. Tymczyszyn was born in Ukraine and having obtained university degrees in modern languages, political science and economics in Ukraine and UK, she successfully pursued a legal career in the City of London, qualifying as an English solicitor in 2001 and becoming a partner of a global US law firm in 2011. Irina Tymczyszyn retired from the partnership of a leading global law firm in February 2019 firm and set up Tymczyszyn Arbitration to focus on her career as a full-time...

Web page updated on 22/05/2026

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