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Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
UK
The Arbitration Act includes no express provisions on arbitrability. However, certain disputes cannot be arbitrated under statute and/or common law, including:

  • disputes under an illegal contract;
  • certain criminal matters; and
  • certain disputes in the employment and consumer contexts.

The arbitrability of a dispute can be challenged before an arbitral tribunal (under Section 31) or before the courts (under Sections 32 and 67).

For more information about this answer please contact: Craig Tevendale from Herbert Smith Freehills
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
UK
The Arbitration Act applies only to arbitrations seated in England and Wales or Northern Ireland. However, parties domiciled or operating in England and Wales are free to choose another seat of arbitration for the resolution of any dispute.

For more information about this answer please contact: Craig Tevendale from Herbert Smith Freehills