p. 45428. The Commercial Arbitration Process
- Susan Blake, Susan BlakeProfessor, Barrister and Associate Dean of Education, The City Law School, City, University of Londona
- Julie BrowneJulie BrowneAssociate Professor, Barrister and Deputy Course Director of the BPTC, The City Law School, City, University of London
- and Stuart SimeStuart SimeProfessor, Barrister and Course Director of the BPTC, The City Law School, City, University of London
Abstract
This chapter details the procedures followed in commercial arbitrations involving parties who are all located within England and Wales. Arbitration is intended to be private and confidential, concepts that flow from the private agreement of the parties to refer the matter to arbitration rather than the courts. There are many arbitral institutions, which may have their own institutional rules for arbitration, and they may also administer arbitrations. The chapter then considers how the procedural rules in the Arbitration Act 1996 are subject to contrary agreement by the parties. If institutional rules are silent on a procedural matter, the default provisions in the Arbitration Act 1996 apply. The chapter also looks at the role of legal representatives in arbitration, before discussing ‘look-sniff’ arbitrations and short-form arbitrations.
