Arbitration Act 1996
1996 c. 23 · Enacted 17 June 1996 · Extends to United Kingdom
E1C1C2C3C4C5C6C7C8C9C10C11Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C12C13C14C15C16C17C18C19C20C21C22
Annotations to the whole text
Modifications
- C1
Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3))
- C2
Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2)
Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I. 1998/1658, art. 2(1), Sch. 1
Act excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3
Act excluded (31.3.2002) by The Dairy Produce Quotas Regulations 2002 (S.I. 2002/457), regs. 2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34
Act excluded (31.3.2002) by The Dairy Produce Quotas (Wales) Regulations 2002 (S.I. 2002/897), regs. 2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34
- C3
Power to apply conferred (11.9.1996 for certain purposes and otherwise 1.5.1998) by 1996 c. 53, s. 108(6); S.I. 1996/2352, art. 2(2); S. I. 1998/650, art. 2
- C4
Act applied (E.) (4.7.2002) by Vehicular Access Across Common and Other Land (England) Regulations 2002 (S.I. 2002/1711), regs. 1, 12(3)(b)
- C5
Act applied (W.) (9.2.2004) by The Vehicular Access Across Common and Other Land (Wales) Regulations 2004 (S.I. 2004/248), regs. 1, 12(3)(b)
- C6
Act excluded (31.3.2005) by The Dairy Produce Quotas Regulations 2005 (S.I. 2005/465), regs. 10(2), 11, 12(3), 39(4), Sch. 1 para. 34
- C7
Act excluded (W.) (31.3.2005) by The Dairy Produce Quotas (Wales) Regulations 2005 (S.I. 2005/537), regs. 10(2), 11, 12(3), 39(4), Sch. 1 para. 34
- C8
Act applied (W.) (13.1.2006) by The Tir Cynnal (Wales) Regulations 2006 (S.I. 2006/41), reg. 13(3)
- C9
Act applied (E.W.) (10.11.2008) by The Land Registration Rules 2003 (S.I. 2003/1417), rule 194A(4)(b) (as inserted by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 4(1), Sch. 1 para. 61)
- C10
Act applied (E.W.) (10.11.2008) by The Land Registration Rules 2003 (S.I. 2003/1417), rule 194C(3)(b) (as inserted by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 4(1), Sch. 1 para. 61)
- C11
Act: functions transferred (N.I.) (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 13 (with arts. 28-31)
- C12
Act applied (N.I.) (14.2.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016 (S.R. 2016/5), reg. 28(7)
- C13
Act applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), Sch. 10 para. 21(7) (with arts. 35, 36)
- C14
Act applied (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), Sch. 1 para. 13(2)(a) (with reg. 1(c), Sch. 1 paras. 16, 17)
- C15
Act applied (20.5.2018) by The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), Sch. 1 para. 13(2)(a) (with reg. 1(c), Sch. 1 paras. 16, 17)
- C16
Act applied (21.9.2018) by The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018 (S.I. 2018/764), Sch. 1 para. 13(2)(a) (with reg. 1(c))
- C17
Act applied (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 4 para. 13(2)(a) (with Sch. 4 paras. 16, 17)
- C18
Act applied (with modifications) (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I. 2022/433), art. 1(2), Sch. 15 paras. 4, 5 (with arts. 40, 41)
- C19
Act applied (with modifications) (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I. 2022/432), art. 1(2), Sch. 15 para. 4(1) (with arts. 40, 41)
- C20
Act applied (E.W.) (30.6.2022) by The Electric Vehicles (Smart Charge Points) Regulations 2021 (S.I. 2021/1467), reg. 1(1), Sch. 2 para. 7(2)(a) (with reg. 3)
- C21
Act applied (24.11.2023) by The Public Charge Point Regulations 2023 (S.I. 2023/1168), reg. 1(1), Sch. para. 7(2)
- C22
Act applied (with modifications) (15.2.2025) by The West Burton Solar Project Order 2025 (S.I. 2025/116), art. 1, Sch. 14 para. 5 (with art. 47, Sch. 15)
Extent
- E1
This Act extends to England, Wales and Northern Ireland; for exceptions see s.108
Contents
- Part I: Arbitration pursuant to an arbitration agreement
- Introductory
- 1General principles.
- 2Scope of application of provisions.
- 3The seat of the arbitration.
- 4Mandatory and non-mandatory provisions.
- 5Agreements to be in writing.
- The arbitration agreement
- 6Definition of arbitration agreement.
- 6ALaw applicable to arbitration agreement
- 7Separability of arbitration agreement.
- 8Whether agreement discharged by death of a party.
- Stay of legal proceedings
- 9Stay of legal proceedings.
- 10Reference of interpleader issue to arbitration.
- 11Retention of security where Admiralty proceedings stayed.
- Commencement of arbitral proceedings
- 12Power of court to extend time for beginning arbitral proceedings, &c.
- 13Application of Limitation Acts.
- 14Commencement of arbitral proceedings.
- The arbitral tribunal
- 15The arbitral tribunal.
- 16Procedure for appointment of arbitrators.
- 17Power in case of default to appoint sole arbitrator.
- 18Failure of appointment procedure.
- 19Court to have regard to agreed qualifications.
- 20Chairman.
- 21Umpire.
- 22Decision-making where no chairman or umpire.
- 23Revocation of arbitrator’s authority.
- 23AImpartiality: duty of disclosure
- 24Power of court to remove arbitrator.
- 25Resignation of arbitrator : entitlement to fees or expenses.
- 26Death of arbitrator or person appointing him.
- 27Filling of vacancy, &c.
- 28Joint and several liability of parties to arbitrators for fees and expenses.
- 29Immunity of arbitrator.
- Jurisdiction of the arbitral tribunal
- 30Competence of tribunal to rule on its own jurisdiction.
- 31Objection to substantive jurisdiction of tribunal.
- 32Determination of preliminary point of jurisdiction.
- The arbitral proceedings
- 33General duty of the tribunal.
- 34Procedural and evidential matters.
- 35Consolidation of proceedings and concurrent hearings.
- 36Legal or other representation.
- 37Power to appoint experts, legal advisers or assessors.
- 38General powers exercisable by the tribunal.
- 39Power to make provisional awards.
- 39APower to make award on summary basis
- 40General duty of parties.
- 41Powers of tribunal in case of party’s default.
- 41AEmergency arbitrators
- Powers of court in relation to arbitral proceedings
- 42Enforcement of peremptory orders of tribunal or emergency arbitrator.
- 43Securing the attendance of witnesses.
- 44Court powers exercisable in support of arbitral proceedings.
- 45Determination of preliminary point of law.
- The award
- 46Rules applicable to substance of dispute.
- 47Awards on different issues, &c.
- 48Remedies.
- 49Interest.
- 50Extension of time for making award.
- 51Settlement.
- 52Form of award.
- 53Place where award treated as made.
- 54Date of award.
- 55Notification of award.
- 56Power to withhold award in case of non-payment.
- 57Correction of award or additional award.
- 58Effect of award.
- Costs of the arbitration
- 59Costs of the arbitration.
- 60Agreement to pay costs in any event.
- 61Award of costs.
- 62Effect of agreement or award about costs.
- 63The recoverable costs of the arbitration.
- 64Recoverable fees and expenses of arbitrators.
- 65Power to limit recoverable costs.
- Powers of the court in relation to award
- 66Enforcement of the award.
- 67Challenging the award: substantive jurisdiction.
- 68Challenging the award: serious irregularity.
- 69Appeal on point of law.
- 70Challenge or appeal: supplementary provisions.
- 71Challenge or appeal: effect of order of court.
- Miscellaneous
- 72Saving for rights of person who takes no part in proceedings.
- 73Loss of right to object.
- 74Immunity of arbitral institutions, &c.
- 75Charge to secure payment of solicitors’ costs.
- Supplementary
- 76Service of notices, &c.
- 77Powers of court in relation to service of documents.
- 78Reckoning periods of time.
- 79Power of court to extend time limits relating to arbitral proceedings.
- 80Notice and other requirements in connection with legal proceedings.
- 81Saving for certain matters governed by common law.
- 82Minor definitions.
- 83Index of defined expressions: Part I.
- 84Transitional provisions.
- Part II: Other provisions relating to arbitration
- ...
- 85Modification of Part I in relation to domestic arbitration agreement. Not yet in force
- 86Staying of legal proceedings. Not yet in force
- 87Effectiveness of agreement to exclude court’s jurisdiction. Not yet in force
- 88Power to repeal or amend sections 85 to 87. Repealed
- Consumer arbitration agreements
- 89Application of unfair terms regulations to consumer arbitration agreements.
- 90Part applies where consumer is a legal person
- 91Arbitration agreement unfair where modest amount sought.
- Small claims arbitration in the county court
- 92Exclusion of Part I in relation to small claims arbitration in the county court.
- Appointment of judges as arbitrators
- 93Appointment of judges as arbitrators.
- Statutory arbitrations
- 94Application of Part I to statutory arbitrations.
- 95General adaptation of provisions in relation to statutory arbitrations.
- 96Specific adaptations of provisions in relation to statutory arbitrations.
- 97Provisions excluded from applying to statutory arbitrations.
- 98Power to make further provision by regulations.
- Part III: Recognition and enforcement of certain foreign awards
- Enforcement of Geneva Convention awards
- 99Continuation of Part II of the Arbitration Act 1950.
- Recognition and enforcement of New York Convention awards
- 100New York Convention awards.
- 101Recognition and enforcement of awards.
- 102Evidence to be produced by party seeking recognition or enforcement.
- 103Refusal of recognition or enforcement.
- 104Saving for other bases of recognition or enforcement.
- Part IV: General provisions
- 105Meaning of “the court”: jurisdiction of High Court and county court.
- 106Crown application.
- 107Consequential amendments and repeals.
- 108Extent.
- 109Commencement.
- 110Short title.
- Schedule 1: Mandatory provisions of Part I
- Paragraph
- Schedule 2: Modifications of Part I in relation to judge-arbitrators
- Introductory
- 1Paragraph 1
- General
- 2Paragraph 2
- Arbitrator’s fees
- 3Paragraph 3
- Exercise of court powers in support of arbitration
- 4Paragraph 4
- Extension of time for making award
- 5Paragraph 5
- Withholding award in case of non-payment
- 6Paragraph 6
- 7Paragraph 7
- Correction of award or additional award
- 8Paragraph 8
- Costs
- 9Paragraph 9
- 10Paragraph 10
- Enforcement of award
- 11Paragraph 11
- Solicitors’ costs
- 12Paragraph 12
- Powers of court in relation to service of documents
- 13Paragraph 13
- Powers of court to extend time limits relating to arbitral proceedings
- 14Paragraph 14
- Schedule 3: Consequential amendments
- Merchant Shipping Act 1894 (c.60)
- 1Paragraph 1
- Stannaries Court (Abolition) Act 1896 (c.45)
- 2Paragraph 2
- Tithe Act 1936 (c.43)
- 3Paragraph 3 Repealed
- Education Act 1944 (c.31)
- 4Paragraph 4 Repealed
- Commonwealth Telegraphs Act 1949 (c.39)
- 5Paragraph 5
- Lands Tribunal Act 1949 (c.42)
- 6Paragraph 6 Repealed
- Wireless Telegraphy Act 1949 (c.54)
- 7Paragraph 7 Repealed
- Patents Act 1949 (c.87)
- 8Paragraph 8
- National Health Service (Amendment) Act 1949 (c.93)
- 9Paragraph 9
- Arbitration Act 1950 (c.27)
- 10Paragraph 10
- Interpretation Act (Northern Ireland) 1954 (c.33 (N.I.))
- 11Paragraph 11
- Agricultural Marketing Act 1958 (c.47)
- 12Paragraph 12
- Carriage by Air Act 1961 (c.27)
- 13Paragraph 13
- Factories Act 1961 (c.34)
- 14Paragraph 14
- Clergy Pensions Measure 1961 (No. 3)
- 15Paragraph 15
- Transport Act 1962 (c.46)
- 16Paragraph 16
- Corn Rents Act 1963 (c.14)
- 17Paragraph 17
- Plant Varieties and Seeds Act 1964 (c.14)
- 18Paragraph 18 Repealed
- Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c.29 (N.I.))
- 19Paragraph 19
- Industrial and Provident Societies Act 1965 (c.12)
- 20Paragraph 20 Repealed
- Carriage of Goods by Road Act 1965 (c.37)
- 21Paragraph 21
- Factories Act (Northern Ireland) 1965 (c.20 (N.I.))
- 22Paragraph 22
- Commonwealth Secretariat Act 1966 (c.10)
- 23Paragraph 23 Repealed
- Arbitration (International Investment Disputes) Act 1966 (c.41)
- 24Paragraph 24
- Poultry Improvement Act (Northern Ireland) 1968 (c.12 (N.I.))
- 25Paragraph 25
- Industrial and Provident Societies Act (Northern Ireland) 1969 (c.24 (N.I.))
- 26Paragraph 26
- Health and Personal Social Services (Northern Ireland) Order 1972 (N.I.14)
- 27Paragraph 27
- Consumer Credit Act 1974 (c.39)
- 28Paragraph 28
- Friendly Societies Act 1974 (c.46)
- 29Paragraph 29
- Industry Act 1975 (c.68)
- 30Paragraph 30
- Industrial Relations (Northern Ireland) Order 1976 (N.I.16)
- 31Paragraph 31 Repealed
- Aircraft and Shipbuilding Industries Act 1977 (c.3)
- 32Paragraph 32 Repealed
- Patents Act 1977 (c.37)
- 33Paragraph 33
- Judicature (Northern Ireland) Act 1978 (c.23)
- 34Paragraph 34
- Health and Safety at Work (Northern Ireland) Order 1978 (N.I.9)
- 35Paragraph 35
- County Courts (Northern Ireland) Order 1980 (N.I.3)
- 36Paragraph 36
- Supreme Court Act 1981 (c.54)
- 37Paragraph 37
- Merchant Shipping (Liner Conferences) Act 1982 (c.37)
- 38Paragraph 38
- Agricultural Marketing (Northern Ireland) Order 1982 (N.I.12)
- 39Paragraph 39
- Mental Health Act 1983 (c.20)
- 40Paragraph 40
- Registered Homes Act 1984 (c.23)
- 41Paragraph 41
- Housing Act 1985 (c.68)
- 42Paragraph 42
- Landlord and Tenant Act 1985 (c.70)
- 43Paragraph 43 Repealed
- Credit Unions (Northern Ireland) Order 1985 (N.I.12)
- 44Paragraph 44
- Agricultural Holdings Act 1986 (c.5)
- 45Paragraph 45 Repealed
- Insolvency Act 1986 (c.45)
- 46Paragraph 46
- Building Societies Act 1986 (c.53)
- 47Paragraph 47
- Mental Health (Northern Ireland) Order 1986 (N.I.4)
- 48Paragraph 48
- Multilateral Investment Guarantee Agency Act 1988 (c.8)
- 49Paragraph 49
- Copyright, Designs and Patents Act 1988 (c.48)
- 50Paragraph 50
- Fair Employment (Northern Ireland) Act 1989 (c.32)
- 51Paragraph 51 Repealed
- Limitation (Northern Ireland) Order 1989 (N.I.11)
- 52Paragraph 52
- Insolvency (Northern Ireland) Order 1989 (N.I.19)
- 53Paragraph 53
- Social Security Administration Act 1992 (c.5)
- 54Paragraph 54
- Social Security Administration (Northern Ireland) Act 1992 (c.8)
- 55Paragraph 55 Repealed
- Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)
- 56Paragraph 56
- Industrial Relations (Northern Ireland) Order 1992 (N.I.5)
- 57Paragraph 57
- Registered Homes (Northern Ireland) Order 1992 (N.I.20)
- 58Paragraph 58
- Education Act 1993 (c.35)
- 59Paragraph 59 Repealed
- Roads (Northern Ireland) Order 1993 (N.I.15)
- 60Paragraph 60
- Merchant Shipping Act 1995 (c.21)
- 61Paragraph 61
- Employment Tribunals Act 1996 (c.17)
- 62Paragraph 62
- Schedule 4: Repeals