A quick guide to the arbitration process

Published by a ½Û×ÓÊÓƵ Arbitration expert
Practice notes

A quick guide to the arbitration process

Published by a ½Û×ÓÊÓƵ Arbitration expert

Practice notes
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This Practice Note provides an overview of the commercial arbitration process, while recognising that there is, generally speaking, no set framework for, or structure to, arbitration proceedings. Indeed, the ability of parties to influence meaningfully the way in which their disputes are resolved is often cited as one of the reasons why arbitration may be preferable over, for example, litigating before national courts.

For a general introduction to arbitration as a method dispute resolution and the practice of arbitration, see Practice Notes: Arbitration—an introduction to the key features of arbitration and Arbitration—new starter guide.

For guidance on the often crucial role played by in-house counsel in relation to arbitration, see Practice Note: The role of in-house counsel in international arbitration.

No defined structure for the arbitration process

The litigation process typically follows a settled pattern contained in a procedural code or equivalent. The English and Welsh Civil Procedure Rules (or CPR), and their related practice directions, provide an example of such an approach—see Practice Note: Overview of the litigation process in England and Wales.

Arbitration

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Jurisdiction(s):
United Kingdom
Key definition:
Commercial arbitration definition
What does Commercial arbitration mean?

arbitration that arises out of commercial transactions (eg an international contract for the goods'>sale of goods or a construction project), usually between private parties, but sometimes involving states or state-owned entities. Commercial arbitration may be contrasted with investment treaty arbitration and sports arbitration.

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