Trade Disputes in the U.K.
- Arbitration Law
The main goals of the Arbitration Act 1996 were to provide a clear and accessible statement of the law; to limit judicial involvement in the arbitral process and to limit rights of appeal against arbitral awards.
To the extent that the Arbitration Act differs from the UNCITRAL Model Law, most of these differences can be opted out of by the parties. They do not, therefore, significantly constrain party autonomy. At a practical level, it is important for the parties to be aware of the flexibility of the Arbitration Act so that they are best positioned to craft the optimal arbitration procedure for the contract and subject matter at hand.
- Conformity to International Commercial Arbitration Rules
Party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Party to the Geneva Protocol on Arbitration Clauses.
Party to the Geneva Convention of the Execution of Foreign Arbitral Awards.
- Appointment of Arbitrators
- The parties are free to agree on the procedure for appointing the arbitrator or arbitrators. See paragraph 16 (Part I) of the Arbitration Act 1996.
- Arbitration Procedure
- Within certain bounds, the parties are free to agree the arbitral process they choose and the evidence that will be used in the procedure.
- Permanent Arbitration Bodies
The Academy of Experts (Sectors Covered: The Professional Body for Expert Witnesses.)
The Chartered Institute of Arbitrators (CIARB) (Sectors Covered: A recognized world leader in providing training and qualifications in Arbitration, Mediation and Adjudication.)
The London Maritime Arbitrators Association (LMAA) (Sectors Covered: Maritime arbitration)
FALCA (Sectors Covered: Fast and Low Cost Arbitration)
The Society of Construction Arbitrators (Sectors Covered: Construction Dispute Resolution)
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