Jurisdiction(s):
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...

Arbitration Witness Evidence: Tribunal Control, Witness Statements, and Ethical Boundaries of Preparation under IBA Rules, LCIA Rules and the Arbitration Act 1996 s 34

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note sets out guidance on preparing witness evidence for arbitration proceedings. As with documentary material, the tribunal determines how witness evidence is to be presented, having regard to, among other things:

any procedures contained in the arbitration agreement (though this is uncommon)
any relevant arbitration rules
whether the IBA rules on the Taking of Evidence in International Arbitration (the IBA Rules) have been adopted
any applicable national laws

These factors are taken into account by the tribunal. It may additionally be shaped by the nationalities of the parties’ legal representatives and the tribunal. It is for the tribunal to resolve all procedural and evidential issues (subject to any agreement by the parties), including whether, and to what extent, there should be oral or written evidence or submissions (AA 1996, s 34).

Witness statements in arbitration

Ordinarily, as a matter of course, parties typically present their witness evidence by exchanging witness statements at a time directed by the tribunal. Even if the tribunal has not adopted the IBA Rules, statements generally conform to art 4 of those rules and should, in particular:

state who the witness is, explain their relationship with the party, and describe their background and qualification...

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Web page updated on 21/05/2026

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