Answer ... 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).
Answer ... 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.