| 1 | Challenging awards in the English courts: an overview What remedies are available if a party to an arbitration wishes to challenge the arbitration award? This note examines and compares the three ways in which an award can be challenged in the English courts. | Practice note: overview | Maintained |
| 2 | Jurisdictional challenges under the English Arbitration Act ... The power of the tribunal to determine disputes is dependent upon the existence of a valid arbitration agreement. Challenges to the tribunal's jurisdiction are a common feature of arbitration, and can cause delays and incur substantial costs. This note aims to explain how jurisdictional issues arise, and considers the options open to the parties. | Practice note: overview | Maintained |
| 3 | Supportive powers of the English courts: an overview The English Arbitration Act 1996 recognises that in some cases, the English courts can intervene to support the arbitral process. This note examines the scope, and limitations, of those powers and provides guidance as to when, how and by whom applications to the court can be made for supportive procedural orders. | Practice note: overview | Maintained |
| 4 | Arbitration claims: applications to the English court This note provides a step-by-step guide to arbitration claims in the English court. | Practice notes | Maintained |
| 5 | Arbitration claims: obtaining permission to appeal to the ... This practice note outlines the rules which govern the grant of permission to appeal from first instance judgments in arbitration claims. It focuses in particular upon the question of which court can grant permission to appeal, and whether the Court of Appeal may grant permission if this is refused by the first instance judge. | Practice notes | Maintained |
| 6 | Awards: the English Arbitration Act 1996 The tribunal's award contains its decision. But what is its legal significance and effect? And what is the difference between a partial award, a provisional award and an agreed award? This practice note aims to give an overview of the different types of award, explaining their practical signifiance. It also addresses the various formal and substantive requirements which apply to awards, and discusses the significance of the reasons for an award. | Practice notes | Maintained |
| 7 | Challenging the award under section 67 of the English ... A note outlining the circumstances in which the court may set aside an award on the grounds that it was made without jurisdiction, under section 67 of the Arbitration Act 1996. | Practice notes | Maintained |
| 8 | Challenging the award under section 68 of the English ... An award can be challenged under section 68 of the Arbitration Act 1996 if there has been a serious irregularity that has caused or will cause substantial injustice to the applicant. The irregularity can relate to the tribunal, the proceedings or to the award. It must fall within one of the grounds set out in the Act. If the challenge succeeds, the award may be remitted to the tribunal, set aside or declared to be of no effect. This note discusses challenges to awards on grounds of serious irregularity pursuant to section 68. | Practice notes | Maintained |
| 9 | Challenging the award under section 69 of the English ... Unless the parties to the arbitration agreement agree otherwise, and provided the court grants leave to appeal (or all parties agree), a party to arbitral proceedings can appeal to the court on a question of law arising out of an award. Such appeals are relatively unusual because parties often exclude the right to appeal on a question of law, and the threshold for leave to appeal is set very high. This note outlines the situations in which an appeal is possible, and provides practical guidance on the procedure to be followed. | Practice notes | Maintained |
| 10 | Constituting a tribunal under the English Arbitration Act 1996 This note outlines the steps which must be taken to constitute a tribunal properly, and offers advice on appointing arbitrators and applying to the English court for supportive remedies. | Practice notes | Maintained |
| 11 | Extending time for commencing arbitration The court has power to extend a contractually agreed limitation period under section 12 of the Arbitration Act 1996. This note considers the grounds for an application to extend the contractual time limit and the procedure for making the application. | Practice notes | Maintained |
| 12 | How do I appoint an arbitrator? Some arbitration agreements require arbitrators to be chosen and appointed by the parties. But how do you actually go about appointing them? This practice note provides practical guidance on the steps that must be taken when appointing an arbitrator, including the first approach to a potential arbitrator and confirmation of appointment. | Practice notes | Maintained |
| 13 | Jurisdictional challenges under the English Arbitration Act ... This note outlines the circumstances in which the arbitral tribunal may rule upon its own jurisdiction. Consideration is given to practice and procedure, and the nature of the tribunal's non-binding determination is explained. | Practice notes | Maintained |
| 14 | Jurisdictional challenges under the English Arbitration Act ... This note considers whether it is possible to simply ignore arbitral proceedings but then to challenge the award or its enforcement. | Practice notes | Maintained |
| 15 | Jurisdictional challenges under the English Arbitration Act ... This note considers the situations in which the English court may determine disputes relating to the tribunal's jurisdiction. | Practice notes | Maintained |
| 16 | Loss of the right to object: section 73 of the English Arbitration ... This note considers the circumstances in which the right to object (to the tribunal's jurisdiction or to procedural decisions) will be lost pursuant to section 73 of the Arbitration Act 1996. | Practice notes | Maintained |
| 17 | Remedies for breach of the arbitration agreement: stays of ... What remedies are available if court proceedings are brought in respect of claims which should be arbitrated? This note examines the primary remedy in respect of English court proceedings brought in breach of an arbitration agreement - the stay of proceedings. The note examines what the applicant for a stay must prove, explains when a stay will be granted and when refused, and outlines the procedure which should be adopted. | Practice notes | Maintained |
| 18 | Remedies for inadequate awards: the English Arbitration Act ... Sometimes arbitral awards contain clerical errors or ambiguities which require correction. Sometimes the tribunal has forgotten to deal with all the claims which were presented to it. Sometimes the reasons given by the tribunal are unclear. Such inadequacies place the parties in a difficult position: the successful party cannot properly enforce the award where it contains obvious errors; and the unsuccessful party may find it difficult to assess the chances of challenging the award if the basis for it is unclear. This practice note outlines the remedies for inadequate awards, and gives guidance as to how those remedies may be obtained. | Practice notes | Maintained |
| 19 | Separability in English law The doctrine of separability applies to arbitration clauses which form part of a larger contract. This practice note outlines the doctrine of separability, and explains its practical significance in making arbitration an efficient method of dispute resolution. | Practice notes | Maintained |
| 20 | Stays under the English Arbitration Act 1996: "no dispute" This note briefly examines the possibility, under the Arbitration Act 1996, of arguing that there is no obligation to arbitrate claims to which there is no arguable defence. The practical implications of such arguments, in particular in relation to stays of legal proceedings brought in breach of an arbitration agreement, is considered. | Practice notes | Maintained |
| 21 | The English Arbitration Act 1996 The 1996 Arbitration Act introduced radical changes to English arbitration law. This Practice note provides an overview of the Act. It explains the principles which underlie the Act, and gives guidance on interpretation. There is an account of the new concepts introduced by the Act, and an explanation of the scope and application of the provisions. | Practice notes | Maintained |
| 22 | The English court's supportive powers: enforcement of ... What options are open to you if your opponent breaches the tribunal's procedural directions? This practice note considers the possibility of applying to the court for an order enforcing the tribunal's directions. | Practice notes | Maintained |
| 23 | The English court's supportive powers: interim injunctions and ... The tribunal is in most cases unable to grant effective interim injunctive relief, or to appoint a receiver. This can present a procedural disadvantage, particularly where a party wishes to obtain an interim freezing injunction. This note explains how the Arbitration Act 1996 has filled these procedural gaps by conferring power on the English court. | Practice notes | Maintained |
| 24 | The English court's supportive powers: preservation or sale of ... This note considers the court's powers to support arbitration by making orders relating to the preservation or sale of property, assets or evidence. Particular consideration is given to the relationship between the overlapping powers of the court and the arbitral tribunal in this regard. | Practice notes | Maintained |
| 25 | The English court's supportive powers: witness evidence The arbitral tribunal will make most of the necessary procedural decisions and directions with regards to witness evidence. However, there are some situations in which the court has power to intervene. This practice note identifies when the court is entitled to exercise its supportive powers in respect of witness evidence, and offers guidance on when and how to apply to the court. | Practice notes | Maintained |
| 26 | The role of the English courts The English Arbitration Act 1996 aimed to limit court intervention in arbitrations, and defined the role of the court as supportive rather than supervisory. This practice note discusses the practical implications of this approach. It identifies the situations in which the court is entitled to intervene and considers whether the court's powers can be excluded by agreement. | Practice notes | Maintained |