International Arbitration

• Published date: 14 November 2022
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution
• Law Firm: Debevoise & Plimpton
• Author: Ms Samantha J. Rowe and Raeesa Rawal

1. What legislation applies to arbitration in your country? Are there any mandatory laws?

The Arbitration Act 1996 (the 1996 Act) will apply if the arbitration is seated in England and Wales or Northern Ireland. The Arbitration (Scotland) Act 2010 (the 2010 Act) will apply if the arbitration is seated in Scotland. The mandatory provisions are set out in Schedule 1 of the 1996 Act and section 8 of the 2010 Act. Such provisions include those in relation to duties of the arbitral tribunal and parties, and challenges to arbitrators and arbitral awards. Additionally, the Arbitration (International Investment Disputes) Act 1966 sets out a special regime for ICSID awards.

The responses below focus on the 1996 Act.

2. Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?

The New York Convention entered into force in the United Kingdom on 23 December 1975, with a reciprocity reservation. The United Kingdom has submitted notifications extending the territorial application of the New York Convention to Gibraltar, Isle of Man, Bermuda, Cayman Islands, Guernsey, Jersey and the BVI.

3. What other arbitration-related treaties and conventions is your country a party to?

In addition to the New York Convention, the United Kingdom is also a party to (a) the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927, (b) the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965 and (c) numerous other bilateral and multilateral investment treaties.

4. Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two?

The UNCITRAL Model Law has not been adopted in England and Wales but it has influenced the 1996 Act. Some significant differences relate to arbitrability, separability of arbitration clauses, competence of the arbitral tribunal to rule on its own jurisdiction and judicial intervention (including the availability of appeals on a point of law).

5. Are there any impending plans to reform the arbitration laws in your country?

Following consultations, the Law Commission of England and Wales announced its review of the 1996 Act in January 2022, with a view to maintaining London's status as a leading seat for international arbitration. In September 2022, it released a consultation paper highlighting six principal areas for potential reform: (i) arbitrators'...