Arbitration in England

Abstract

Arbitration in England rests on the Arbitration Act 1996 (England and Wales). The main reasons why commercial parties opt for arbitration are: confidentiality; party control (selection of arbitrators—especially where the parties are situated in different countries—a neutral panel; choice of governing norms and of the applicable arbitral procedure); and finality. However, there is a restricted power to challenge the arbitration award by appeal to the English High Court on the basis of an error of English law (but not errors of fact, nor errors of foreign law). As for enforcement in England of foreign arbitral awards, the UK Supreme Court in Dallah Real Estate & Tourism Holding Co v. Pakistan (2010) held that a Paris award could not be recognized in England, under the New York Convention (1958), because the French arbitration tribunal had (in the Supreme Court’s view) incorrectly determined that the Pakistan Government was a party to the relevant arbitration agreement.