One of the most complex things to advise on as counsel or determine as the tribunal, is whether a particular dispute may be determined by arbitration.

For the past 27 years the Arbitration Act 1996 has been the pillar upon which England and Wales has established itself as a highly respected and trusted jurisdiction under which to conduct International Arbitrations.

For almost 10 years there has been debate whether parties to litigation could be compelled to engage in mediation or other non-court dispute resolution process. 

Join our Arbitration Lawyer, John Abbott, for an expert insight into International Arbitration, with the International Practice Group. 

In line with every contracting state to the New York Convention 1958, the courts of England & Wales will stay proceedings brought in the courts of England & Wales and refer the parties to arbitration where an agreement to arbitrate exists unless the court finds that the agreement to arbitrate is null and void.

Arbitration is a long-established method of international dispute resolution.

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It is often said that one of the main reasons business-people choose to use arbitration to resolve their issues instead of litigation is a desire to keep their disputes away from the public gaze. National courts are public forums and litigation brought in court is open to public scrutiny.

Successful challenges to arbitral awards are rare. The case of K -v- A [2019] EWHC 1118 (Comm) is one of those highly rare cases where a Gafta Award was subject to a successful challenge.

Arbitration has many advantages over litigation, but one of the fundamental tenets behind arbitration, is the provision of a relatively inexpensive and quick means of resolving commercial and trade disputes.

One of the primary advantages of arbitration is the relative ease of enforcement of arbitral awards in states which are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.

Finality is one of the key selling points of arbitration. Consequently, challenging an award before the English court is far from easy. There are obstacles in the path of any challenge or appeal and the available grounds are limited and closely scrutinised.

When a dispute arises which must, under the terms of an arbitration agreement, be referred to arbitration, the need might arise for urgent interim measures to protect a party’s position pending the outcome of the arbitration.

When a dispute arises which must, under the terms of an arbitration agreement, be referred to arbitration, the first step will be for the parties to appoint the tribunal. Finding the right arbitrators and ensuring that the relevant contractual, statutory or institutional requirements are complied with is vital.

Until a notice of commencement has been served, the arbitration process will not have commenced. It is not possible to start arbitration without first giving a Notice of Arbitration to all of the parties to the arbitration.