International Comparative Legal Guide to International Arbitration 2019 - Chapter Thirty Two: England & Wales

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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 in The International Comparative Legal Guide to: International Arbitration 2019, 16th Ed., A practical cross-border insight into international arbitration work.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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