Training Deck: Arbitration

Question 1

What law governs the procedure of an arbitration?

Answer 1

• The law of the seat of the arbitration.
• Normally London (and therefore English law) is chosen as the seat.
• This means that the UK arbitration act will apply to the arbitration.
• Note that the seat also provides a “supervisory jurisdiction”: you can obtain interim remedies from the seat (e.g. injunctions).

Question 2

Separability of the arbitration agreement

Answer 2

• Technically an arbitration agreement is separable from a contract. Therefore you can contest the validity of a contract without contesting the validity of an arbitration agreement included in that contract.
• For this reason it is good to include in an arbitration agreement clause, a term setting out the law applicable to the arbitration agreement.