Starting an arbitration

This subtopic provides practical guidance on how to start (or commence) arbitration proceedings under the Arbitration Act 1996 (AA 1996) and related matters, including taking into account pre-arbitration obligations and other considerations.

Generally speaking, this subtopic provides guidance on starting an arbitration under English and Welsh law and the AA 1996, which applies, with some exceptions, to arbitrations seated in England, Wales and Northern Ireland. Guidance on related court procedure is limited to the courts of England and Wales (England and English are used as convenient shorthand). Practitioners may find some of the guidance relevant to arbitrations seated outside of these jurisdictions.

To compare how arbitrations are commenced in jurisdictions around the world, please see our International Comparator Tool.

Matters to consider prior to starting the arbitration

Prior to commencing arbitration proceedings, or when in receipt of a notice requiring arbitration, it will typically be relevant to consider whether pre-arbitration conditions or formalities have been complied with and act accordingly. Guidance on this and other related matters is included in Practice Notes: AA 1996—starting an arbitration and Types of dispute resolution clauses—litigation,

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