29:
265:
179:
337:, "this relatively short period of time reflects the principle of speedy finality which underpins the Act". Where "the interests of justice require an exceptional departure" from this timescale, an extension of time may be allowed. In 2012, Popplewell set out the factors which will influence a court's decision on whether to grant an extension of time as:
205:
The various subsequent provisions relating to the conduct of arbitrations are largely pinned upon this overriding duty. The legislation specifies that "The tribunal shall comply with that general duty in conducting the arbitral proceedings, in its decisions on matters of procedure and evidence and
386:
The remainder of the part deals with the enforcement of awards from contracting states to the New York
Convention. Those provisions broadly replicate the architecture of the Convention, and provide that such an award shall only be refused on the ground specified in the Convention, specifically:
276:
Section 69 permits an appeal on a point of law to a court unless the parties have agreed to exclude that right. But the right to bring an appeal may only be exercised either with the agreement of the other party, or with the leave of the court. An agreement by the parties to dispense with the
251:
If any legal proceedings are commenced against a party which are subject to an arbitration agreement, then the party may apply to the court for a stay of those legal proceedings, and the Act provides that the court "shall grant a stay unless satisfied that the arbitration agreement is
209:
Subject to that overriding duty, the tribunal has broad discretion in relation to matters of procedure and evidence. The legislation provides that "It shall be for the tribunal to decide all procedural and evidential matters, subject to the right of the parties to agree any matter."
232:
whether to apply strict rules of evidence (or any other rules) as to the admissibility, relevance or weight of any material (oral, written or other) sought to be tendered on any matters of fact or opinion, and the time, manner and form in which such material should be exchanged and
353:
whether the arbitration has continued during the period of delay and, if so, what impact on the progress of the arbitration, or the costs incurred in respect of the arbitration, the determination of the application by the Court might now
400:
that the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration (but see subsection
328:
any irregularity in the conduct of the proceedings or in the award which is admitted by the tribunal or by any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the
404:
that the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country in which the arbitration took
201:
adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay or expense, so as to provide a fair means for the resolution of the matters falling to be determined.
46:
An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes.
380:
151:
The 1996 Act only applies to parts of the United
Kingdom. In Scotland, the Arbitration (Scotland) Act 2010 provides a modern statutory framework for domestic and international arbitration.
408:
that the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made; or
394:
that the arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made;
350:
whether the respondent to the application would by reason of the delay suffer irremediable prejudice in addition to the mere loss of time if the application were permitted to proceed;
223:
whether any and if so what form of written statements of claim and defence are to be used, when these should be supplied and the extent to which such statements can be later amended;
456:
167:
333:
Any challenge to an award must be brought within 28 days of the arbitrator's decision, or notification of the outcome of any arbitral appeal or review. According to
300:
The Act defines serious irregularity as one or more of the following which the court considers has caused or will cause "substantial injustice" to the applicant:
198:
act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting his case and dealing with that of his opponent, and
277:
requirement to give reasons for the tribunal's award is treated as an agreement to exclude the court's jurisdiction to hear an appeal on a point of law.
397:
that he was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case;
155:
471:
802:
436:
316:
any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award exceeding its powers;
360:
whether in the broadest sense it would be unfair to the applicant for him to be denied the opportunity of having the application determined.
243:
The Act also imposes a duty on the parties to "do all things necessary for the proper and expeditious conduct of the arbitral proceedings."
229:
whether any and if so what questions should be put to and answered by the respective parties and when and in what form this should be done;
344:
whether the party who permitted the time limit to expire and subsequently delayed was acting reasonably in the circumstances in doing so;
226:
whether any and if so which documents or classes of documents should be disclosed between and produced by the parties and at what stage;
777:
183:
51:
220:
the language or languages to be used in the proceedings and whether translations of any relevant documents are to be supplied;
166:
England and Wales is one of the very few developed jurisdictions in the world which has consciously elected not to follow the
477:
118:
411:
if the award is in respect of a matter which is not capable of settlement by arbitration, or if it would be contrary to
461:
114:
236:
whether and to what extent the tribunal should itself take the initiative in ascertaining the facts and the law; and
807:
466:
322:
the award being obtained by fraud or the award or the way in which it was procured being contrary to public policy;
133:
33:
441:
764:
451:
310:
failure by the tribunal to conduct the proceedings in accordance with the procedure agreed by the parties;
93:
391:
that a party to the arbitration agreement was (under the law applicable to him) under some incapacity;
446:
797:
269:
347:
whether the respondent to the application or the arbitrator caused or contributed to the delay;
129:
100:
542:
535:
307:
the tribunal exceeding its powers (otherwise than by exceeding its substantive jurisdiction);
41:
498:
792:
725:
376:
752:
8:
738:
699:
668:
654:
637:
521:
682:
563:
104:
577:
426:
334:
286:
191:
141:
617:
239:
whether and to what extent there should be oral or written evidence or submissions.
145:
618:"The 1996 UK Arbitration Act and the UNCITRAL Model Law - a contemporary analysis"
786:
499:"Arbitration procedures and practice in the UK (England and Wales): overview"
431:
412:
304:
failure by the tribunal to comply with section 33 (general duty of tribunal);
103:
as in force today (including any amendments) within the United
Kingdom, from
524:. (2002) 19 Journal of International Arbitration, Issue 3. pp. 209–225.
76:
264:
591:
296:
Seeking to set aside the award for serious irregularity under section 68.
178:
137:
313:
failure by the tribunal to deal with all the issues that were put to it;
372:
Recognition of foreign awards is addressed in Part III of the statute.
325:
failure to comply with the requirements as to the form of the award; or
253:
522:"Five Years On: A Review of the English Arbitration Act 1996"
293:
Challenging the substantive jurisdiction under section 67; or
170:. This is a position which has been subject to criticism.
457:
285:
Under the Act there are broadly only two ways in which an
168:
289:
may be challenged (apart from appeal on a point of law):
217:
when and where any part of the proceedings is to be held;
726:
Terna
Bahrain Holding Company Wll v Al Shamsi & Ors
319:
uncertainty or ambiguity as to the effect of the award;
206:
in the exercise of all other powers conferred on it."
364:The first three points are "the primary factors".
256:, inoperative, or incapable of being performed."
784:
472:Industrial Conciliation and Arbitration Act 1894
367:
383:awards shall continue to apply to such awards.
173:
437:Advisory, Conciliation and Arbitration Service
190:The Act mandates that the general duty of the
246:
213:Procedural and evidential matters include:
724:High Court of Justice (Commercial Court),
615:
259:
184:London Court of International Arbitration
720:
718:
375:Section 99 provides that Part II of the
280:
263:
177:
519:
140:proceedings within the jurisdiction of
803:United Kingdom Acts of Parliament 1996
785:
763:Text of the Act is licensed under the
694:
692:
379:, which deals with enforcement of non-
728:, EWHC 3283 (Comm) (22 November 2012)
715:
649:
647:
632:
630:
478:Conciliation and Arbitration Act 1904
119:Arbitration and Conciliation Act 1996
94:Text of statute as originally enacted
712:Arbitration Act 1996, section 70(3)
689:
596:UK Parliament - Parliamentary Bills
536:"Arbitration - England & Wales"
66:England and Wales, Northern Ireland
13:
644:
627:
462:International Court of Arbitration
415:to recognise or enforce the award.
115:Arbitration Act 1996 (New Zealand)
14:
819:
771:
578:"Arbitration (Scotland) Act 2010"
467:Arbitration in the United States
357:the strength of the application;
134:Parliament of the United Kingdom
101:Text of the Arbitration Act 1996
34:Parliament of the United Kingdom
27:
745:
731:
706:
675:
661:
154:It is set to be amended by the
616:Sara Lembo (31 January 2010).
609:
584:
570:
556:
528:
513:
491:
480:, an Australian labour law Act
474:, a New Zealand labour law Act
442:Alternative dispute resolution
1:
368:Recognition of foreign awards
765:Open Government Licence v3.0
452:International commercial law
174:General duty of the tribunal
7:
419:
161:
87:Status: Current legislation
10:
824:
112:
18:United Kingdom legislation
447:International arbitration
247:Stay of legal proceedings
99:
92:
85:
75:
70:
60:
50:
40:
26:
485:
341:the length of the delay;
113:Not to be confused with
62:Territorial extent
808:English civil procedure
335:Lord Justice Popplewell
270:Royal Courts of Justice
260:Exclusion of the courts
753:"Arbitration Act 1996"
739:"Arbitration Act 1996"
700:"Arbitration Act 1996"
683:"Arbitration Act 1996"
669:"Arbitration Act 1996"
655:"Arbitration Act 1996"
638:"Arbitration Act 1996"
564:"Arbitration Act 1996"
273:
187:
543:Norton Rose Fulbright
281:Challenging the award
267:
181:
377:Arbitration Act 1950
126:Arbitration Act 1996
22:Arbitration Act 1996
381:New York Convention
23:
592:"Arbitration Bill"
274:
188:
105:legislation.gov.uk
21:
778:Full text on OPSI
427:UK commercial law
287:arbitration award
192:arbitral tribunal
142:England and Wales
111:
110:
815:
757:
756:
749:
743:
742:
735:
729:
722:
713:
710:
704:
703:
696:
687:
686:
679:
673:
672:
665:
659:
658:
651:
642:
641:
634:
625:
624:
622:
613:
607:
606:
604:
602:
588:
582:
581:
574:
568:
567:
560:
554:
553:
551:
549:
540:
532:
526:
525:
517:
511:
510:
508:
506:
495:
156:Arbitration Bill
146:Northern Ireland
136:which regulates
63:
31:
30:
24:
20:
823:
822:
818:
817:
816:
814:
813:
812:
798:Arbitration law
783:
782:
774:
760:
751:
750:
746:
737:
736:
732:
723:
716:
711:
707:
698:
697:
690:
681:
680:
676:
667:
666:
662:
653:
652:
645:
636:
635:
628:
620:
614:
610:
600:
598:
590:
589:
585:
576:
575:
571:
562:
561:
557:
547:
545:
538:
534:
533:
529:
518:
514:
504:
502:
501:. Practical Law
497:
496:
492:
488:
483:
422:
370:
283:
262:
249:
176:
164:
122:
88:
61:
36:
28:
19:
12:
11:
5:
821:
811:
810:
805:
800:
795:
781:
780:
773:
772:External links
770:
769:
768:
759:
758:
744:
730:
714:
705:
688:
674:
660:
643:
626:
608:
583:
569:
555:
527:
512:
489:
487:
484:
482:
481:
475:
469:
464:
459:
454:
449:
444:
439:
434:
429:
423:
421:
418:
417:
416:
409:
406:
402:
398:
395:
392:
369:
366:
362:
361:
358:
355:
351:
348:
345:
342:
331:
330:
326:
323:
320:
317:
314:
311:
308:
305:
298:
297:
294:
282:
279:
261:
258:
248:
245:
241:
240:
237:
234:
230:
227:
224:
221:
218:
203:
202:
199:
175:
172:
163:
160:
128:(c. 23) is an
109:
108:
97:
96:
90:
89:
86:
83:
82:
79:
73:
72:
68:
67:
64:
58:
57:
54:
48:
47:
44:
38:
37:
32:
17:
9:
6:
4:
3:
2:
820:
809:
806:
804:
801:
799:
796:
794:
791:
790:
788:
779:
776:
775:
766:
762:
761:
754:
748:
740:
734:
727:
721:
719:
709:
701:
695:
693:
684:
678:
670:
664:
656:
650:
648:
639:
633:
631:
619:
612:
597:
593:
587:
579:
573:
565:
559:
544:
537:
531:
523:
520:Hong-lin Yu.
516:
500:
494:
490:
479:
476:
473:
470:
468:
465:
463:
460:
458:
455:
453:
450:
448:
445:
443:
440:
438:
435:
433:
432:UK labour law
430:
428:
425:
424:
414:
413:public policy
410:
407:
403:
399:
396:
393:
390:
389:
388:
384:
382:
378:
373:
365:
359:
356:
352:
349:
346:
343:
340:
339:
338:
336:
327:
324:
321:
318:
315:
312:
309:
306:
303:
302:
301:
295:
292:
291:
290:
288:
278:
271:
266:
257:
255:
254:null and void
244:
238:
235:
231:
228:
225:
222:
219:
216:
215:
214:
211:
207:
200:
197:
196:
195:
193:
185:
180:
171:
169:
159:
157:
152:
149:
147:
143:
139:
135:
131:
127:
120:
116:
106:
102:
98:
95:
91:
84:
80:
78:
74:
69:
65:
59:
55:
53:
49:
45:
43:
39:
35:
25:
16:
747:
733:
708:
677:
663:
611:
599:. Retrieved
595:
586:
572:
558:
548:27 September
546:. Retrieved
530:
515:
505:27 September
503:. Retrieved
493:
385:
374:
371:
363:
332:
299:
284:
275:
250:
242:
212:
208:
204:
189:
165:
153:
150:
125:
123:
81:17 June 1996
77:Royal assent
15:
793:Arbitration
138:arbitration
787:Categories
767:(OGL v.3).
233:presented;
56:1996 c. 23
42:Long title
420:See also
162:Overview
52:Citation
194:is to:
132:of the
405:place;
329:award.
621:(PDF)
601:2 May
539:(PDF)
486:Notes
401:(4));
354:have;
71:Dates
603:2024
550:2016
507:2016
268:The
182:The
144:and
124:The
158:.
130:act
117:or
789::
717:^
691:^
646:^
629:^
594:.
541:.
148:.
755:.
741:.
702:.
685:.
671:.
657:.
640:.
623:.
605:.
580:.
566:.
552:.
509:.
272:.
186:.
121:.
107:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
