Infrastructure
1. Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations?
United Kingdom
The United Kingdom (UK) (which incorporates Great Britain and Northern Ireland) signed and ratified the New York Convention in 1975, subject to the "reciprocity" reservation, viz: the UK courts will enforce awards made in a state that is also party to the Convention.
Answer contributed by Oliver Marsden and Rory McLeodFreshfields Bruckhaus Deringer
2. Is your state a party to any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards?
United Kingdom
The UK is party to the Geneva Convention on the Execution of Foreign Arbitral Awards 1927. However, very few states are signatories to the Geneva Convention and not to the New York Convention. With regard to other reciprocal arrangements, the Foreign Judgments (Reciprocal Enforcement) Act 1933 provides for the enforcement of arbitral awards from certain former Commonwealth countries and Norway . The Arbitration (International Investment Disputes) Act 1966 makes provision for the recognition and enforcement of ICSID awards.
Answer contributed by Oliver Marsden and Rory McLeodFreshfields Bruckhaus Deringer
3. Is there an arbitration act or equivalent and, if so, is it based on the UNCITRAL Model Law? Does it apply to all arbitral proceedings with their seat in your jurisdiction?
United Kingdom
Arbitration proceedings in England and Wales and Northern Ireland are governed by the Arbitration Act 1996 (the Act). Arbitrations in Scotland are governed by the Arbitration (Scotland) Act 2010. Under section 99 of the Act, the Arbitration Act 1950 (Part II) remains in effect with regard to the enforcement of certain awards that do not fall under the New York Convention.
The Act brought English law significantly closer to the UNCITRAL Model Law, but it is not a wholesale adoption. Unlike the Model Law, the Act is not limited to international commercial arbitration. For a helpful summary of other key differences between the Act and the Model Law, see Merkin and Flannery, Arbitration Act 1996 (2019, 6th ed.) pp.3–4.
The Law Commission of England and Wales has recently announced that it will conduct a review of the Act, which may result in recommendations being made to amend certain of its provisions.
Answer contributed by Oliver Marsden and Rory McLeodFreshfields Bruckhaus Deringer
4. What arbitration bodies relevant to international arbitration are based within your jurisdiction? Do such bodies also act as appointing authorities?
United Kingdom
The LCIA (formerly known as the London Court of International Arbitration) is a renowned international arbitration institution with popular rules, which will also act as an appointing and administrative authority in respect of arbitrations under its own Rules or the UNCITRAL Rules. The LCIA issued revised Arbitration Rules in 2020. The Chartered Institute of Arbitrators administers arbitrations under its own Rules and acts as an appointing authority. The Centre for Effective Dispute Resolution acts as an appointing authority and administrator in arbitrations governed by the UNCITRAL Rules. The London Maritime Arbitrators Association promotes maritime arbitration in London and can act as an appointing body. There are also a number of other institutions catering for disputes arising in a particular trade area or industry, such as the Insurance and Reinsurance Arbitration Society (ARIAS (UK)) for insurance disputes. Commodity disputes are regularly conducted under the rules of, inter alia, the Grain and Feed Trade Association, the Federation of Oils, Seeds and Fats Associations and the London Metal Exchange (LME) (each of which acts as an appointing authority).
Answer contributed by Oliver Marsden and Rory McLeodFreshfields Bruckhaus Deringer
5. Can foreign arbitral providers operate in your jurisdiction?
United Kingdom
International arbitrations are routinely conducted in London under the rules of numerous arbitral institutions based outside the UK, including the ICC, the SCC, the AAA/IDRC and other bodies.
Answer contributed by Oliver Marsden and Rory McLeodFreshfields Bruckhaus Deringer
6. Is there a specialist arbitration court? Is the judiciary in your jurisdiction generally familiar with, and supportive of, the law and practice of international arbitration?
United Kingdom
There is no specialist arbitration court. However, the judiciary in the Commercial Court is familiar with, and very supportive of, the law and practice of international arbitration.
Applications in respect of arbitrations will be heard at first instance by the Commercial Court, usually with a right of appeal to the higher courts. Some provisions of the Act preclude appeals unless permission to appeal to a higher court has been expressly given by the lower court (eg, sections 42(5), 44(7) and 67(4).
Answer contributed by Oliver Marsden and Rory McLeodFreshfields Bruckhaus Deringer