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United Kingdom
United Kingdom
Key definition
the arbitration agreement definition What does the arbitration agreement mean? In practice, the arbitration agreement is the parties’ contractual commitment—often an arbitration clause in a wider contract, or a stand‑alone submission agreement—to resolve defined present or future disputes by arbitration instead of national courts. It typically identifies the scope of disputes, the seat, arbitral rules or ad hoc procedure, the number/appointment of arbitrators and, where relevant, language and the governing law of the arbitration agreement, and is usually recorded in writing. The term is defined in legislation across the UK and Ireland (Arbitration Act 1996 for England & Wales and Northern Ireland; Arbitration (Scotland) Act 2010; and, in...
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International construction arbitration: drafting and negotiating arbitration clauses—seat, governing law, institutional/ad hoc rules, multi-party issues, language, tribunal composition, evidence, confidentiality and New York Convention enforcement
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Practice notes
Although arbitration has seen reduced use for UK domestic construction Disputes owing to adjudication’s ongoing dominance, it is still widely chosen by parties to settle conflicts arising from construction projects where the contracting parties are from different jurisdictions across borders. The expense of international arbitration may mirror that of litigation, but this depends greatly on the particular circumstances of the matter, including its scale and complexity in play. Nevertheless, arbitration affords a range of benefits over litigation for parties, particularly for schemes undertaken in jurisdictions where local courts may lack sufficient experience or expertise, or where there are concerns about potential local bias in such circumstances.
The main advantages of international arbitration are set out below:
- the parties’ ability to select a neutral forum and the laws that will govern the arbitration (the seat) chosen
- the ability to also choose arbitrators and ensure they possess the characteristics the parties require, such as technical expertise, legal knowledge, or experience as an arbitrator
- the ability to decide the appropriate rules the arbitrators will apply to the arbitration and the option to choose an institution to administer those rules
- a robust international framework for enforcing the awards made
- the capacity to keep the...
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Web page updated on 21/05/2026
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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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