Conducting the arbitration

A quick guide to arbitration procedure

There is no set procedure for arbitration akin to that set out in the CPR for litigation. That said, many arbitrations follow a regular format allowing time for formal commencement of the arbitration, appointment of tribunal, preliminary hearing/procedural meetings, exchange of submissions, provision of written and oral evidence, substantive hearing, close of proceedings and provision of an award.

For more information, see Practice Note: A quick guide to the arbitration process.

Arbitration procedure under the AA 1996 in England and Wales

Arbitration under the Arbitration Act 1996 (AA 1996), rather than in accordance with the rules of an arbitral institution or organisation, is an ad-hoc procedure not administered by an institution or body. It is for the tribunal (once appointed) to control the arbitration and, subject to the parties’ agreement, to set and drive the procedure of the arbitration.

For more information, see Practice Note: Arbitration procedure—pursuant to the Arbitration Act 1996.

Service of notices of arbitration under the AA 1996 in England and Wales

This Practice Note sets out how to serve

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Latest Arbitration News

ILC publishes report on Compliance with Investment Treaty Arbitration Awards

The International Law Compliance (ILC) has published the report on Compliance with Investment Treaty Arbitration Awards 2024 3rd edition. The report includes the latest data from the United Nations Conference on Trade and Development (UNCTAD) which reveals a significant increase in investor-state dispute settlement (ISDS) cases, with 1,332 known treaty-based arbitrations to date. Of the 958 concluded cases, 37.7% were decided in favour of respondent states. The report highlights Spain's position as the world leader in unpaid arbitration awards, with 24 outstanding, surpassing Venezuela and Russia. Spain also tops the list of Energy Charter Treaty disputes with 52 initiated cases.

English court declares Arbitral Tribunal has no jurisdiction to hear dispute (Barclays Bank plc v VEB)

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Arbitration weekly highlights—19 December 2024

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Timing is everything—Commercial Court takes strict approach to construing contractual time limits (Eronat v CNPC International and another)

Arbitration analysis: In Eronat v CNPC International and another, the parties had agreed to a bespoke contractual provision entitling parties to appeal an award within 30 days from the date at which the arbitral decision was ‘rendered’. This was in contrast to the default position under the LCIA Rules where there is no right to appeal. In construing the word ‘rendered’ very strictly and dismissing an appeal under section 69 of the Arbitration Act, the court found that time started running the date that the award was made, rather than the date the award was notified to the parties. The judgment serves as an important reminder for parties to act promptly when faced with contractual time limits, particularly when they relate to the challenge of arbitral awards. Written by Kirtan Prasad, of counsel, and Jessica Davies, associate, at RPC.