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United Kingdom
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Key definition
Seat of arbitration definition

What does Seat of arbitration mean? The seat of arbitration is the legal “home” of the arbitration chosen (or fixed) for the case. It is not the physical venue of hearings. The seat determines the arbitration law that governs procedure (the curial law or lex arbitri), the courts with supervisory jurisdiction, and the place where any award is legally made for set‑aside, challenge and New York Convention purposes, regardless of where the tribunal sits or hearings occur. In England & Wales and Northern Ireland, its effect is set out in the Arbitration Act 1996 and case law. In Scotland, the equivalent framework is the...

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The seat of arbitration: choosing, determining and legal consequences under the Arbitration Act 1996 (as amended 2025) in England, Wales and Northern Ireland

Practice notes
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This Practice Note explores the key idea of the seat of an arbitration, with a particular focus on the law of England and Wales and Northern Ireland (England and English are used here as shorthand). See also Practice Note: Choosing the Seat of arbitration.

The importance of the arbitral seat

The seat of arbitration is the juridical, or legal, place of the arbitration (often termed the locus arbitri). The law of that seat (the lex arbitri) governs many elements of the procedure and the award, and is inextricably linked to the courts’ curial or supervisory jurisdiction to support and enforce the arbitration (Enka v Chubb). It indicates the connection between the arbitration and a system of law (Process & Industrial Developments v Nigeria).

In international arbitration, selecting the seat is one of the most significant choices because it shapes—and often determines—the following:

  • the applicable procedural law of the arbitration (also referred to as the curial law or lex fori)
  • the law governing the arbitration agreement unless the parties have expressly chosen otherwise

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Heidi Yildiz
Heidi Yildiz

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 22/05/2026

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