International Arbitration Comparative Guide

1 Legal framework

1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?

The Arbitration Act 1996 applies to domestic and international arbitrations seated in England and Wales. Common law rules may also place obligations on parties and arbitrators - for example, in relation to confidentiality.

The Arbitration Act applies only where the arbitration agreement is in writing (including an agreement made in writing (whether signed or unsigned), an agreement made by the exchange of communications in writing or an agreement evidenced in writing) (Section 5). While oral arbitration agreements therefore fall outside the scope of the act, they may still be recognised and enforced at common law (Section 81(1)(b)).