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ARTICLE · 01 AUGUST 2018

International Arbitration in England & Wales

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There are no formal requirements for an arbitration agreement to be valid. However, the Arbitration Act 1996, which governs arbitration proceedings in England and Wales, only applies to arbitration agreements that are in writing (section 5(1)).

United KingdomLitigation, Mediation & Arbitration
Charlie Caher
Charlie Caher
John McMillan
John McMillan
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1 ARBITRATION AGREEMENTS

1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction?

There are no formal requirements for an arbitration agreement to be valid. However, the Arbitration Act 1996 (the "1996 Act"), which governs arbitration proceedings in England and Wales, only applies to arbitration agreements that are in writing (section 5(1)). The 1996 Act contains a number of mandatory and non-mandatory provisions intended to facilitate the arbitral process, and so it is highly recommended that arbitration agreements are recorded in writing.

Originally published by The International Comparative Legal Guide to International Arbitration 2018. (To continue reading please go to Page 4 of the original publication).

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