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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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Limitation Act 1980: scope, time running, extensions, standstills, protective proceedings and limitation defences (England and Wales)

Practice notes
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This Practice Note examines how the Limitation Act 1980 (LA 1980) operates, outlining its role and the circumstances and manner of its application. For help calculating limitation periods under LA 1980, including general rules on when time begins to run and when a claim is treated as ‘brought’ for limitation purposes, see Practice Note: Limitation—when will it end? For a summary of the principal limitation periods under LA 1980, see Practice Note: Limitation—the principal limitation periods.

The function of limitation periods

Statutory limitation periods aim to calibrate a balance between interests that compete and at times clash:

  • the interest of the claimant in having the widest possible chance to pursue claims for legal redress, and
  • the interest of the defendant in not being required to answer stale proceedings because:
    • it is unjust for the 'sword of Damocles' to hang over them without end
    • the passage of time leads to fading memories and the loss of evidence

If a claim is issued beyond the applicable time limit, the defendant may possess a complete defence. In those circumstances, a claimant can be statute-barred from any remedy they might otherwise have been awarded at all.

When does the Limitation Act 1980 apply?...

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Web page updated on 21/05/2026

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