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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...

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ICC Arbitration (2021 Rules): Award Requirements—Content, Scrutiny, Time Limits, Majority/Dissent, Consent Awards, Publication, Effect and Challenges, Corrections and Additional Awards

Practice notes
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This Practice Note reviews the Requirements of an arbitral award under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules govern any ICC arbitration begun on or after 1 January 2021, unless the parties expressly opt for an earlier edition (for example, in the arbitration clause). For an introduction to the 2021 ICC Rules, see Practice Note: ICC (2021)—introduction to the ICC and arbitration under the ICC Rules. For links to guidance on the 2017 and 2012 editions, see: ICC arbitration—overview.

Requirements of an award

Once an Arbitral Tribunal issues an award, the parties should swiftly confirm that it complies with:

  • the requirements of the arbitration rules under which the proceedings were conducted
  • the law of the seat of arbitration (in England, the Arbitration Act 1996 (AA 1996))
  • the laws of the state(s)/jurisdiction(s) where enforcement is expected and/or where a set-aside might be sought

For general guidance on arbitral awards, see Practice Note: Arbitral awards—types, requirements and effect.

Content of an ICC award

An ICC award must state the reasons upon which it is...

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Web page updated on 27/05/2026

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