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ARTICLE · 01 DECEMBER 2015

Litigation Vs Arbitration: Unclear Choice Of Forum

The English courts generally strive to uphold agreements between parties and this principle applies equally to arbitration agreements.

United KingdomCorporate/Commercial Law

The English courts generally strive to uphold agreements between parties and this principle applies equally to arbitration agreements. The English courts are also committed to supporting arbitrations over which they have jurisdiction.

The English Arbitration Act 1996 defines an arbitration agreement simply as: "an agreement to submit to arbitration present or future disputes (whether they are contractual or not)" (and requires such an agreement to be in writing).  The statutory requirements for a valid arbitration agreement are, therefore, minimal (although it is advisable to provide as much detail as possible about the future framework of any arbitration, to reduce the risk of dispute).  The English courts have shown that they are prepared to afford the parties some leniency when deciding if an arbitration agreement entered into by the parties is valid, and to strive to interpret ambiguities in such a way that the validity of the agreement may be upheld.  A

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