The New Arbitration (Guernsey) Law, 2016 - A Guide To The Key Provisions

Historically, parties in Guernsey have been reluctant to use arbitration as a means of resolving a dispute, largely due to perceived shortcomings in the previous 1982 legislation. The new Law seeks to address these concerns by introducing provisions akin to those in the English Arbitration Act 1996 (which the new Law is based upon) whilst also incorporating some of the more useful elements of the UNCITRAL Model Law on International Commercial Arbitration. We set out below a summary of the key provisions and notable changes.

The agreement to arbitrate and commencement of arbitration proceedings (Part I)

The Law requires an arbitration agreement to be 'in writing' or 'evidenced in writing', albeit it need not be signed. What constitutes 'in writing or evidenced in writing' is broadly defined and can, in certain circumstances, include an oral agreement to arbitrate, provided that agreement is made by reference to terms which are in writing or otherwise evidenced in