Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)


Produced in partnership with Jennifer Haywood of Serle Court
Practice notes

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)


Produced in partnership with Jennifer Haywood of Serle Court

Practice notes
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This Practice Note considers the procedural Law of Arbitration proceedings and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).

The procedural law of the arbitral proceedings

The procedural law of an arbitration is also called the 'lex arbitri' or the 'curial law'. It provides the framework for the internal procedure of the arbitration itself and the power of the courts supervising and supporting the arbitration.

The detail of how an arbitration is to be proceeded is usually determined by any applicable arbitration rules, the procedural orders of the tribunal, and the parties' agreement. The curial law can, however, provide default rules and place limits on the autonomy of the parties.

Because each country makes its own procedural law, the scope and content of the procedural law will differ from jurisdiction to jurisdiction.

What does the procedural law cover?

Where the procedural law is English law, the relevant provisions are set out in Part I of the Arbitration

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Law definition
What does Law mean?

means: (a) any legislation, regulation, by-law or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; (d) any applicable industry code, policy or standard; or (e) any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;

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