Jurisdiction(s):
United Kingdom

Related legal acts

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...

Breach of Arbitration Agreements: Court Stays, Anti‑Suit Relief, Renegotiation, Tribunal Powers and Summary Disposal (England and Wales)

Published by a LexisNexis Arbitration expert

Practice notes

An Arbitration agreement records the parties’ consent to settle their dispute through Arbitration, and that validly given consent cannot later be retracted by one side alone. Moreover, the duty to arbitrate is separable and independent from the principal contract. If a party breaches that understanding by trying to have the dispute determined through court proceedings, there are remedies, at both national and international level, available to compel compliance with the duty to arbitrate as reflected in the arbitration agreement.

The remedy of enforcement of an arbitration agreement by a stay of proceedings

Under section 9(1) of the Arbitration Act 1996 (AA 1996), as amended by the Arbitration Act 2025, a party to an arbitration agreement who is sued in court over a matter that, under that Agreement, must be referred to arbitration, may apply to the court in which the legal proceedings have been brought to stay the court proceedings, in so far as they concern that same matter...

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Heidi Yildiz

The 36 Group

Heidi Yildiz practises international arbitration and commercial litigation as a barrister at 36 Stone, the 36 Group. She is also admitted to practise as an attorney in Finland and is a non-practising English solicitor, having previously practised for more than 12 years as a solicitor. In addition to her counsel practice, Heidi is developing a practice as an arbitrator. She is a fellow of the Chartered Institute of Arbitrators and has been admitted to the SIAC Reserve Panel of Arbitrators. Heidi is recognised in the Legal500 Private Practice Arbitration Powerlist UK 2022 and 2023 as a leading International Arbitration Counsel in the UK and has since 2018 been recognised by Who’s Who Legal Arbitration as one as one of the World's future arbitration leaders. Heidi has nearly 15 years of experience as a counsel in complex and high-value...

Web page updated on 21/05/2026

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