Status: This version of this Act contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by v.uk
editorial team to Arbitration Act 1996. Any changes that have already been made by the team
appear in the content and are referenced with annotations. (See end of Document for details)
Arbitration Act 1996
1996 CHAPTER 23
An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes.[17th June 1996] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations:
Extent Information
E1This Act extends to England, Wales and Northern Ireland; for exceptions see s.108 Modifications etc. (not altering text)
C1Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3)) C2Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2)
Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I.
1998/1658, art. 2(1), Sch. 1
Act excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3
Act excluded (31.3.2002) by The Dairy Produce Quotas Regulations 2002 (S.I. 2002/457), regs. 2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34
Act excluded (31.3.2002) by The Dairy Produce Quotas (Wales) Regulations 2002 (S.I. 2002/897), regs.
2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34
C3Power to apply conferred (11.9.1996 for certain purposes and otherwise 1.5.1998) by 1996 c. 53, s.
108(6); S.I. 1996/2352, art. 2(2); S. I. 1998/650, art. 2
C4Act applied (E.) (4.7.2002) by Vehicular Access Across Common and Other Land (England) Regulations 2002 (S.I. 2002/1711), regs. 1, 12(3)(b)
2Arbitration Act 1996 (c. 23)
Part I – Arbitration pursuant to an arbitration agreement
Document Generated: 2011-05-10 Status: This version of this Act contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by v.uk
editorial team to Arbitration Act 1996. Any changes that have already been made by the team
appear in the content and are referenced with annotations. (See end of Document for details) Annotations:
Extent Information
E1This Act extends to England, Wales and Northern Ireland; for exceptions see s.108 Modifications etc. (not altering text)
C1Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3)) C2
Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2)
Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I.
1998/1658, art. 2(1), Sch. 1
Act excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3
Act excluded (31.3.2002) by The Dairy Produce Quotas Regulations 2002 (S.I. 2002/457), regs. 2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34
Act excluded (31.3.2002) by The Dairy Produce Quotas (Wales) Regulations 2002 (S.I. 2002/897), regs.
2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34
C3Power to apply conferred (11.9.1996 for certain purposes and otherwise 1.5.1998) by 1996 c. 53, s.
108(6); S.I. 1996/2352, art. 2(2); S. I. 1998/650, art. 2
C4Act applied (E.) (4.7.2002) by Vehicular Access Across Common and Other Land (England) Regulations 2002 (S.I. 2002/1711), regs. 1, 12(3)(b)
P ART I
A RBITRATION PURSUANT TO AN ARBITRATION AGREEMENT Annotations:
Modifications etc. (not altering text)
C5Pt. I excluded (E.W.) (1.11.1996) by 1996 c. 56, s. 336(4), 476(4), 582(4), Sch. 40, para. 4 (with s. 1(4)) Pt. I excluded (31.1.1997) by 1988 c. 8, s. 6 (as substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3
para. 49; S.I. 1996/3146, art. 3 (with art. 4, Sch. 2))
Pt. I excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3 C6Pt. I (ss. 1-84) excluded (E.W.) by 1998 c. 14, s. 16(9) (which is in force: at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.; at 5.7.1999 for specified purposes by S.I. 1999/1958, art.
2(1)(b), Sch. 1 (with transitional provisions in Sch. 12, and as amended by S.I. 1999/3178, art. 3(20),
Sch. 20); at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (subject to transitional
provisions in Sch. 14, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (subject to transitional provisions in Sch. 2); at 18.10.1999
for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs.
16-18, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); 29.11.1999 for specified purposes by S.I.
1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in s. 5 and Schs. 21-23) C7Pt. I (ss. 1-84) excluded by S.I. 1998/1506 (N.I. 10), art. 16(9) (which is in force: at 10.3.1999 for specified purposes by S.R. 1999/102, art. 2(a), Sch. Pt. I; at 5.7.1999 for specified purposes by S.R.
1999/310, art. 2(1)(b), Sch. 1; at 6.9.1999 for specified purposes by S.R. 1999/371, art. 2(b), Sch. 1; at
5.10.1999 for specified purposes by S.R. 1999/407, art. 2(b), Sch.; at 18.10.1999 for specified purposes
by S.R. 1999/428, art. 2(b), Sch. 1; at 29.11.1999 for specified purposes by S.R. 1999/472, art. 2(1),
Sch. 1)
C8Pt. I excluded (E.W.) (1.9.2000) by 1999 c. 14, s. 9(4); S.I. 2000/2337, art. 2(1)(e)
Pt. I excluded (prosp.) by 1999 c. 14, ss. 9(4), 14(2)
Arbitration Act 1996 (c. 23)
Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2011-05-103
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by v.uk
editorial team to Arbitration Act 1996. Any changes that have already been made by the team
appear in the content and are referenced with annotations. (See end of Document for details)
Pt. I excluded (N.I.) (22.11.2000 for specified purposes and otherwise 2.7.2001) by 2000 c. 4, ss. 59, 68, Sch. 7 para. 10 (with s. 66(6)); S.R. 2000/358, art. 2, Sch. Pt. II; S.R. 2001/141, art 2(1)(c), Sch.
Pt. I excluded (E.W.) (2.7.2001) by 2000 c. 19, s. 68, Sch. 7 para. 10(8) (with s. 83(6)); S.I. 2001/1252, art. 2(2)(a)(i)
C9Pt. I: specified provisions applied (with modifications) (N.I.) (28.4.2002) by Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002 (S.R. 2002/120), art. 3, Sch.
Introductory
1General principles.
The provisions of this Part are founded on the following principles, and shall be construed accordingly—
(a)the object of arbitration is to obtain the fair resolution of disputes by an impartial
tribunal without unnecessary delay or expense;
(b)the parties should be free to agree how their disputes are resolved, subject only
to such safeguards as are necessary in the public interest;
(c)in matters governed by this Part the court should not intervene except as
provided by this Part.
2Scope of application of provisions.
(1)The provisions of this Part apply where the seat of the arbitration is in England and
Wales or Northern Ireland.
(2)The following sections apply even if the seat of the arbitration is outside England and
Wales or Northern Ireland or no seat has been designated or determined—
(a)sections 9 to 11 (stay of legal proceedings, &c.), and
(b)section 66 (enforcement of arbitral awards).
(3)The powers conferred by the following sections apply even if the seat of the arbitration
is outside England and Wales or Northern Ireland or no seat has been designated or determined—
(a)section 43 (securing the attendance of witnesses), and
(b)section 44 (court powers exercisable in support of arbitral proceedings);
but the court may refuse to exercise any such power if, in the opinion of the court, the fact that the seat of the arbitration is outside England and Wales or Northern Ireland, or that when designated or determined the seat is likely to be outside England and Wales or Northern Ireland, makes it inappropriate to do so.
(4)The court may exercise a power conferred by any provision of this Part not mentioned
in subsection (2) or (3) for the purpose of supporting the arbitral process where—
(a)no seat of the arbitration has been designated or determined, and
(b)by reason of a connection with England and Wales or Northern Ireland the court
is satisfied that it is appropriate to do so.
(5)Section 7 (separability of arbitration agreement) and section 8 (death of a party) apply
where the law applicable to the arbitration agreement is the law of England and Wales or Northern Ireland even if the seat of the arbitration is outside England and Wales or Northern Ireland or has not been designated or determined.
4Arbitration Act 1996 (c. 23)
Part I – Arbitration pursuant to an arbitration agreement
Document Generated: 2011-05-10 Status: This version of this Act contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by v.uk
editorial team to Arbitration Act 1996. Any changes that have already been made by the team
appear in the content and are referenced with annotations. (See end of Document for details)
3The seat of the arbitration.
In this Part “the seat of the arbitration” means the juridical seat of the arbitration designated—
(a)by the parties to the arbitration agreement, or
(b)by any arbitral or other institution or person vested by the parties with powers
in that regard, or
(c)by the arbitral tribunal if so authorised by the parties,
or determined, in the absence of any such designation, having regard to the parties’agreement and all the relevant circumstances.
4Mandatory and non-mandatory provisions.
(1)The mandatory provisions of this Part are listed in Schedule 1 and have effect
notwithstanding any agreement to the contrary.
(2)The other provisions of this Part (the “non-mandatory provisions”) allow the parties
to make their own arrangements by agreement but provide rules which apply in the absence of such agreement.
(3)The parties may make such arrangements by agreeing to the application of institutional
rules or providing any other means by which a matter may be decided.
(4)It is immaterial whether or not the law applicable to the parties’ agreement is the law
of England and Wales or, as the case may be, Northern Ireland.
(5)The choice of a law other than the law of England and Wales or Northern Ireland as the
editorial英文applicable law in respect of a matter provided for by a non-mandatory provision of this Part is equivalent to an agreement making provision about that matter.
For this purpose an applicable law determined in accordance with the parties’agreement, or which is objectively determined in the absence of any express or implied choice, shall be treated as chosen by the parties.
5Agreements to be in writing.
(1)The provisions of this Part apply only where the arbitration agreement is in writing, and
any other agreement between the parties as to any matter is effective for the purposes of this Part only if in writing.
The expressions “agreement”, “agree” and “agreed” shall be construed accordingly.
(2)There is an agreement in writing—
(a)if the agreement is made in writing (whether or not it is signed by the parties),
(b)if the agreement is made by exchange of communications in writing, or
(c)if the agreement is evidenced in writing.
(3)Where parties agree otherwise than in writing by reference to terms which are in writing,
they make an agreement in writing.
(4)An agreement is evidenced in writing if an agreement made otherwise than in writing
is recorded by one of the parties, or by a third party, with the authority of the parties to the agreement.
Arbitration Act 1996 (c. 23)
Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2011-05-105
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by v.uk
editorial team to Arbitration Act 1996. Any changes that have already been made by the team
appear in the content and are referenced with annotations. (See end of Document for details)
(5)An exchange of written submissions in arbitral or legal proceedings in which the
existence of an agreement otherwise than in writing is alleged by one party against another party and not denied by the other party in his response constitutes as between those parties an agreement in writing to the effect alleged.
(6)References in this Part to anything being written or in writing include its being recorded
by any means.
The arbitration agreement
6Definition of arbitration agreement.
(1)In this Part an “arbitration agreement” means an agreement to submit to arbitration
present or future disputes (whether they are contractual or not).
(2)The reference in an agreement to a written form of arbitration clause or to a document
containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.
7Separability of arbitration agreement.
Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part of another agreement (whether or not in writing) shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and it shall for that purpose be treated as a distinct agreement.
8Whether agreement discharged by death of a party.
(1)Unless otherwise agreed by the parties, an arbitration agreement is not discharged by
the death of a party and may be enforced by or against the personal representatives of that party.
(2)Subsection (1) does not affect the operation of any enactment or rule of law by virtue
of which a substantive right or obligation is extinguished by death.
Stay of legal proceedings
9Stay of legal proceedings.
(1)A party to an arbitration agreement against whom legal proceedings are brought
(whether by way of claim or counterclaim) in respect of a matter which under the agreement is to be referred to arbitration may (upon notice to the other parties to the proceedings) apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter.
(2)An application may be made notwithstanding that the matter is to be referred to
arbitration only after the exhaustion of other dispute resolution procedures.
(3)An application may not be made by a person before taking the appropriate procedural
step (if any) to acknowledge the legal proceedings against him or after he has taken any step in those proceedings to answer the substantive claim.
6Arbitration Act 1996 (c. 23)
Part I – Arbitration pursuant to an arbitration agreement
Document Generated: 2011-05-10 Status: This version of this Act contains provisions that are prospective.
Changes to legislation: There are outstanding changes not yet made by v.uk
editorial team to Arbitration Act 1996. Any changes that have already been made by the team
appear in the content and are referenced with annotations. (See end of Document for details)
(4)On an application under this section the court shall grant a stay unless satisfied that the
arbitration agreement is null and void, inoperative, or incapable of being performed.
(5)If the court refuses to stay the legal proceedings, any provision that an award is a
condition precedent to the bringing of legal proceedings in respect of any matter is of no effect in relation to those proceedings.
10Reference of interpleader issue to arbitration.
(1)Where in legal proceedings relief by way of interpleader is granted and any issue
between the claimants is one in respect of which there is an arbitration agreement between them, the court granting the relief shall direct that the issue be determined in accordance with the agreement unless the circumstances are such that proceedings brought by a claimant in respect of the matter would not be stayed.
(2)Where subsection (1) applies but the court does not direct that the issue be determined
in accordance with the arbitration agreement, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter shall not affect the determination of that issue by the court.
11Retention of security where Admiralty proceedings stayed.
(1)Where Admiralty proceedings are stayed on the ground that the dispute in question
should be submitted to arbitration, the court granting the stay may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest—
(a)order that the property arrested be retained as security for the satisfaction of
any award given in the arbitration in respect of that dispute, or
(b)order that the stay of those proceedings be conditional on the provision of
equivalent security for the satisfaction of any such award.
(2)Subject to any provision made by rules of court and to any necessary modifications,
the same law and practice shall apply in relation to property retained in pursuance of an order as would apply if it were held for the purposes of proceedings in the court making the order.
Commencement of arbitral proceedings
12Power of court to extend time for beginning arbitral proceedings, &c.
(1)Where an arbitration agreement to refer future disputes to arbitration provides that a
claim shall be barred, or the claimant’s right extinguished, unless the claimant takes within a time fixed by the agreement some step—
(a)to begin arbitral proceedings, or
(b)to begin other dispute resolution procedures which must be exhausted before
arbitral proceedings can be begun,
the court may by order extend the time for taking that step.
(2)Any party to the arbitration agreement may apply for such an order (upon notice to
the other parties), but only after a claim has arisen and after exhausting any available arbitral process for obtaining an extension of time.
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