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...

Electronic disclosure in international arbitration: planning, scope, metadata and technology, with guidance from IBA Rules, CPR PD 57AD/31B, ICC/LCIA/CIArb/ICDR/Prague Rules, and data protection considerations

Published by a LexisNexis Arbitration expert

Practice notes

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How electronic disclosure is used in arbitration

There is no single mandatory framework governing e-disclosure in arbitration. This aligns with the overarching principle that arbitral procedure remains adaptable, and that the tribunal is empowered to set the evidential rules in each individual case, subject to any agreement between the parties. As electronically stored information (ESI) will typically comprise a large share of the material in many arbitrations, careful planning is required to manage and deploy it throughout the proceedings so that parties can present their cases effectively without the exercise of producing the evidence becoming unduly burdensome. Note: in arbitration the phrase ‘document production’ is more commonly used than ‘disclosure’, although ‘e-disclosure’ is frequently applied in both senses and contexts. Ordinarily, parties in arbitration provide at an early stage the documents on which they rely. The opposing side may then seek any additional documents they wish to inspect, and any disagreement about whether such material should be produced is put before the tribunal for determination and resolution...

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Web page updated on 21/05/2026

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