England - Chapter III.4 - Practitioner's Handbook On International Arbitration And Mediation- 3rd Edition

Arthur L. Marriott is a Partner with LeBoeuf Lamb in London. He was one of the first two solicitors ever to be honoured as Queen's Counsel. He has extensive experience as counsel in all forms of international commercial arbitration and litigation throughout the world. He was also a principal proponent of the reform of English legislation governing arbitration, which resulted in the passage of the Arbitration Act of 1996. He is a Member of the Council of the International Council for Commercial Arbitration (ICCA): Board member of the LCIA and HKIAC and a Fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator.

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Originally from Practitioner's Handbook On International Arbitration And Mediation- 3rd Edition

This chapter reviews English arbitration law and practice with a focus on how the Arbitration Act of 1996 governs and affects arbitration practice in England.

Introduction

Arbitration plays a vital role in civil dispute resolution in contemporary England. It has done so for generations. Our first arbitration statute was in 1698; further legislation followed in the mid-Nineteenth Century, culminating in the Arbitration Act of 1889. Those laws established a statutory basis for arbitration, both domestic and international, which lasted, subject to further amendments until the radical and innovative reform of arbitration law in the Arbitration Act 1996.1

Table of Contents:

§ 4.01 Introduction

§ 4.02 Arbitration and the Courts

[1] The Role of the Courts

[2] The Applicable Law

[3] Arbitrator’s Jurisdiction

§ 4.03 International Developments in the Harmonisation of Arbitration Law

§ 4.04 English Practice and Modern Arbitration Rules

§ 4.05 Some Words about Discovery

§ 4.06 Use of Counsel in Arbitrations

§ 4.07 Statutory Reform in England

[1] The Departmental Advisory Committee

[2] Paragraph 108 of the Mustill Report

[3] Overview of the New Statute

§ 4.08 Details of the Statute

[1] The Introductory Section

[2] The Agreement to Arbitrate

[3] Commencement of the Arbitration

[4] The Arbitral Tribunal

[5] Institutions

[6] Arbitral Institutions’ Immunity

[7] Jurisdictional Challenges

[8] The Conduct of the Arbitration

[9] Expert Evidence

[10] Security for Costs

[11] Representation

[12] Default

[13] Applications to the Court

§ 4.09 Awards

[1] Provisional and Partial Awards

[2] The Final Award

[3] Ordering the Payment of Interest

[4] Miscellaneous Provisions Governing Awards

[a] Settlement

[b] Reasons for the Award

[c] Correction of the Award

[d] Costs of the Arbitration

[e] Capping Costs

§ 4.10 Enforcement of Awards

[1] Power of the Court in Relation to the Award

[2] The Power of the Court to Deal With a Serious Procedural Irregularity

[3] Appeal on a Point of Law

[4] Enforcement of International Awards

§ 4.11 Major Arbitral Institutions

§ 4.12 Conclusion