What does “arbitral tribunal” mean?

The arbitral tribunal is the arbitrator or panel of arbitrators appointed to decide the dispute and issue a binding arbitral award.

What is an arbitral award?

An arbitral award is the tribunal’s final or interim decision. It is usually binding on the parties and may be enforceable through the courts.

What is the difference between institutional and ad hoc arbitration?

Institutional arbitration is administered by an arbitration institution under its rules, such as the LCIA or ICC. Ad hoc arbitration is managed by the parties and tribunal without an administering institution.

Are arbitration agreements enforceable in the United Kingdom?

Arbitration agreements are generally enforceable in the UK if they are in writing, cover a defined dispute or legal relationship, and are not invalid under applicable law.

What does confidentiality mean in UK arbitration?

Confidentiality means hearings, documents and awards may be kept private. UK arbitration is often treated as confidential, but express wording is recommended to define the scope of confidentiality.

What does “separability” mean in arbitration?

Separability means an arbitration clause can remain valid even if the main contract is alleged to be invalid, terminated or unenforceable.

What does “competence-competence” mean?

Competence-competence is the principle that an arbitral tribunal may decide its own jurisdiction, including whether the arbitration agreement is valid or covers the dispute.

What should a UK arbitration agreement include?

An arbitration agreement should define the disputes covered, seat, governing law, number of arbitrators, appointment method, language, rules, confidentiality and any institution administering the arbitration.

What is the New York Convention in arbitration?

The New York Convention is an international treaty that helps parties enforce foreign arbitral awards in many countries, including the United Kingdom.

Why is an arbitration agreement glossary useful?

Legal glossary terms clarify how arbitration clauses operate and help users understand key concepts before generating a UK arbitration agreement document.

EN-GB>Disputes>Arbitration Agreement>United Kingdom Arbitration Agreement Glossary

United Kingdom Arbitration Agreement Glossary

Created: 12 Jun 2026

This glossary clarifies key terms found in arbitration agreement datasets, helping readers understand clauses, terminology, and practical use. For related templates and guidance, visit AI Generated British Arbitration Agreement.

Term Category	Definition	Example Usage	Complexity Level
Arbitration Agreement
Core concept	An agreement to submit present or future disputes to arbitration.	The parties agree to refer all disputes arising out of this agreement to arbitration.	Beginner
Arbitration Clause
Core concept	A contract term requiring disputes to be resolved by arbitration.	This clause applies to any dispute arising under or in connection with this contract.	Beginner
Submission Agreement
Core concept	A separate agreement to arbitrate an existing dispute.	The parties enter into this submission agreement after the dispute has arisen.	Intermediate
Arbitrability
Jurisdiction	Whether a dispute is legally capable of being resolved by arbitration.	Only arbitrable disputes may be referred to the tribunal.	Advanced
Seat Of Arbitration
Jurisdiction	The legal place of arbitration that determines the procedural law and court supervision.	The seat of arbitration shall be London, England.	Beginner
Venue
Procedure	The physical or virtual place where hearings or meetings occur.	Hearings may take place in London or by video conference.	Beginner
Governing Law
Jurisdiction	The law used to interpret the parties' substantive rights and obligations.	This agreement is governed by the law of England and Wales.	Beginner
Law Of The Arbitration Agreement
Jurisdiction	The law governing the validity and scope of the arbitration agreement itself.	The arbitration agreement is governed by English law.	Advanced
Procedural Law
Procedure	The law governing how the arbitration is conducted.	The arbitration procedure shall be governed by the law of the seat.	Intermediate
Arbitration Act 1996
Core concept	The main UK statute governing arbitration in England, Wales and Northern Ireland.	The arbitration shall be conducted in accordance with the Arbitration Act 1996.	Beginner
Mandatory Provisions
Procedure	Statutory arbitration rules that apply despite any contrary agreement.	Nothing in this agreement excludes the mandatory provisions of the Arbitration Act 1996.	Advanced
Non-Mandatory Provisions
Procedure	Default statutory rules that parties may vary by agreement.	The parties vary any non-mandatory provisions to the extent stated in this clause.	Advanced
Institutional Arbitration
Procedure	Arbitration administered by an arbitral institution under its rules.	The arbitration shall be administered by the LCIA under the LCIA Rules.	Beginner
Ad Hoc Arbitration
Procedure	Arbitration not administered by an institution.	The arbitration shall be ad hoc and conducted under the UNCITRAL Rules.	Intermediate
Arbitral Institution
Procedure	An organisation that administers arbitrations and often provides procedural rules.	The LCIA shall act as the arbitral institution.	Beginner
LCIA Rules
Procedure	Rules of the London Court of International Arbitration.	The arbitration shall be conducted under the LCIA Rules.	Intermediate
ICC Rules
Procedure	Arbitration rules published by the International Chamber of Commerce.	Disputes shall be finally settled under the ICC Rules of Arbitration.	Intermediate
UNCITRAL Arbitration Rules
Procedure	International procedural rules often used in ad hoc arbitration.	The arbitration shall be conducted under the UNCITRAL Arbitration Rules.	Intermediate
Chartered Institute Of Arbitrators
Tribunal	A professional body for dispute resolvers, often used for appointments.	If the parties cannot agree, the President of CIArb shall appoint the arbitrator.	Intermediate
Arbitral Tribunal
Tribunal	The arbitrator or panel appointed to decide the dispute.	The arbitral tribunal shall consist of three arbitrators.	Beginner
Sole Arbitrator
Tribunal	One arbitrator appointed to decide the dispute alone.	The tribunal shall consist of a sole arbitrator.	Beginner
Three-Member Tribunal
Tribunal	A panel of three arbitrators, often with each party nominating one.	Each party shall nominate one arbitrator, and the two nominees shall appoint the chair.	Intermediate
Presiding Arbitrator
Tribunal	The chair of a multi-member arbitral tribunal.	The presiding arbitrator shall manage the conduct of hearings.	Intermediate
Appointing Authority
Tribunal	A person or body empowered to appoint an arbitrator if the parties cannot agree.	The LCIA Court shall be the appointing authority.	Intermediate
Nomination
Tribunal	A party's proposal of a person to serve as arbitrator.	Each party shall nominate one arbitrator within 14 days.	Beginner
Appointment Of Arbitrator
Tribunal	The process by which an arbitrator is selected and confirmed.	The appointment of the arbitrator shall follow the procedure in this clause.	Beginner
Impartiality
Tribunal	The arbitrator's duty to be unbiased and fair to all parties.	Each arbitrator shall be impartial and independent.	Beginner
Independence
Tribunal	Freedom from relationships that may affect an arbitrator's judgment.	The arbitrator must disclose any matter affecting independence.	Intermediate
Arbitrator Disclosure
Tribunal	Disclosure of circumstances that may give rise to doubts about impartiality.	The arbitrator shall promptly disclose any potential conflict of interest.	Advanced
Challenge To Arbitrator
Tribunal	An application to remove an arbitrator, usually for bias or incapacity.	A party may challenge an arbitrator only on the grounds permitted by law.	Intermediate
Vacancy
Tribunal	An empty tribunal position caused by resignation, removal or death.	Any vacancy shall be filled using the original appointment procedure.	Intermediate
Umpire
Tribunal	A person appointed to decide if two arbitrators cannot agree.	The two arbitrators may appoint an umpire before substantive issues are heard.	Advanced
Jurisdiction
Jurisdiction	The tribunal's legal power to decide the dispute.	The tribunal may rule on its own jurisdiction.	Beginner
Kompetenz-Kompetenz
Jurisdiction	The principle that a tribunal may decide its own jurisdiction.	The tribunal shall have Kompetenz-Kompetenz to rule on jurisdictional objections.	Advanced
Separability
Jurisdiction	The arbitration clause is treated as separate from the main contract.	The arbitration agreement is separable from the other terms of this contract.	Intermediate
Scope Of Arbitration Clause
Jurisdiction	The range of disputes covered by the arbitration wording.	This clause covers disputes arising out of or in connection with the contract.	Intermediate
Validity
Jurisdiction	Whether the arbitration agreement is legally effective.	Any question about the validity of this arbitration agreement shall be decided by the tribunal.	Beginner
Writing Requirement
Core concept	The requirement that an arbitration agreement be made or evidenced in writing.	The parties record their arbitration agreement in writing.	Intermediate
Notice Of Arbitration
Procedure	A document starting arbitration and identifying the dispute and relief sought.	Arbitration begins when the respondent receives the notice of arbitration.	Beginner
Request For Arbitration
Procedure	An institutional filing that starts an arbitration.	The claimant shall file a request for arbitration with the institution.	Beginner
Response
Procedure	The respondent's initial reply to the arbitration claim.	The respondent shall deliver a response within the period set by the rules.	Beginner
Claimant
Procedure	The party bringing the arbitration claim.	The claimant shall serve its statement of case first.	Beginner
Respondent
Procedure	The party defending or answering the arbitration claim.	The respondent may bring a counterclaim in its response.	Beginner
Counterclaim
Procedure	A claim brought by the respondent against the claimant.	The respondent may include any counterclaim in its statement of defence.	Beginner
Statement Of Case
Procedure	A written pleading setting out a party's claims or defence.	Each party shall serve its statement of case by the tribunal's deadline.	Intermediate
Pleadings
Procedure	Formal written statements of the parties' cases.	The tribunal may set a timetable for pleadings.	Intermediate
Defence
Procedure	The respondent's formal answer to the claim.	The respondent shall serve its defence within 28 days.	Beginner
Terms Of Reference
Procedure	A document defining issues, parties and procedure, especially in ICC arbitration.	The tribunal shall prepare terms of reference after the file is transmitted.	Intermediate
Procedural Timetable
Procedure	A schedule for pleadings, evidence, hearings and submissions.	The tribunal shall issue a procedural timetable after consultation with the parties.	Beginner
Procedural Order
Procedure	A tribunal direction on how the arbitration will proceed.	Procedural Order No. 1 shall set the timetable and hearing format.	Intermediate
Case Management Conference
Procedure	A meeting to organise procedure, timetable and issues.	The tribunal shall hold a case management conference by video link.	Beginner
Evidence
Procedure	Material used to prove facts, including documents and witness testimony.	The tribunal may decide the admissibility and weight of evidence.	Beginner
Disclosure
Procedure	The exchange or production of relevant documents.	Disclosure shall be limited to documents requested by the tribunal.	Intermediate
Document Production
Procedure	A process for requesting and producing specific documents.	Document production shall follow the IBA Rules on the Taking of Evidence.	Intermediate
Redfern Schedule
Procedure	A table recording document requests, objections and tribunal decisions.	Document requests shall be exchanged in Redfern schedule format.	Advanced
Witness Statement
Procedure	A written account of a witness's evidence.	Each factual witness shall provide a signed witness statement.	Beginner
Expert Evidence
Procedure	Opinion evidence from a specialist on technical or professional issues.	The tribunal may appoint an expert to report on quantum.	Intermediate
Tribunal-Appointed Expert
Procedure	An expert appointed by the tribunal to assist on specific issues.	The tribunal may appoint an independent expert after consulting the parties.	Advanced
Hearing
Procedure	A session where evidence or arguments are presented to the tribunal.	The final hearing shall take place over three consecutive days.	Beginner
Documents-Only Arbitration
Procedure	Arbitration decided without an oral hearing, based on written materials.	The dispute may be determined on a documents-only basis.	Intermediate
Oral Hearing
Procedure	A hearing involving spoken submissions or witness examination.	Either party may request an oral hearing.	Beginner
Cross-Examination
Procedure	Questioning an opposing party's witness at a hearing.	Witnesses may be available for cross-examination at the hearing.	Intermediate
Submissions
Procedure	Written or oral arguments made to the tribunal.	Post-hearing submissions shall be filed within 21 days.	Beginner
Interim Measures
Procedure	Temporary orders made before the final award to protect rights or evidence.	The tribunal may order interim measures pending the final award.	Intermediate
Preliminary Issue
Procedure	An issue decided early because it may affect the rest of the case.	Jurisdiction shall be determined as a preliminary issue.	Intermediate
Consolidation
Procedure	Combining two or more arbitrations into one proceeding.	Related arbitrations may be consolidated with all parties' consent.	Advanced
Joinder
Procedure	Adding an extra party to an arbitration.	No additional party may be joined without consent or as permitted by the rules.	Advanced
Multi-Party Arbitration
Procedure	Arbitration involving more than two parties.	The clause applies to any multi-party arbitration arising from related contracts.	Advanced
Expedited Procedure
Procedure	A faster, simplified arbitration process for suitable cases.	Claims below £100,000 shall use an expedited procedure where available.	Intermediate
Emergency Arbitrator
Tribunal	A temporary arbitrator appointed to decide urgent relief before the tribunal is formed.	A party may apply for emergency arbitrator relief before tribunal appointment.	Advanced
Confidentiality
Core concept	The duty or agreement to keep arbitration information private.	The parties shall keep the arbitration and award confidential.	Beginner
Privacy
Core concept	The exclusion of non-parties from arbitration proceedings.	Hearings shall be held in private unless the parties agree otherwise.	Beginner
Without Prejudice
Procedure	A label for genuine settlement communications usually protected from disclosure.	Settlement discussions shall be treated as without prejudice.	Intermediate
Limitation Period
Procedure	The time limit for starting a legal claim or arbitration.	Commencement of arbitration shall stop time running for limitation purposes.	Intermediate
Limitation Act 1980
Procedure	UK legislation setting limitation periods for many civil claims.	Nothing in this clause extends any limitation period under the Limitation Act 1980.	Intermediate
Service Of Notices
Procedure	The method for delivering arbitration notices or documents.	Notices may be served by email and recorded delivery.	Beginner
Language Of Arbitration
Procedure	The language used for pleadings, evidence, hearings and the award.	The language of the arbitration shall be English.	Beginner
Due Process
Procedure	Fair procedure giving each party a reasonable opportunity to present its case.	The tribunal shall conduct the arbitration in accordance with due process.	Intermediate
Natural Justice
Procedure	Basic fairness, including unbiased decision-making and the right to be heard.	The procedure shall respect the rules of natural justice.	Intermediate
Default Of Party
Procedure	A party's failure to participate or comply with tribunal directions.	The tribunal may proceed despite a party's default.	Intermediate
Peremptory Order
Procedure	A final tribunal order requiring compliance by a stated deadline.	The tribunal may issue a peremptory order for production of documents.	Advanced
Court Support
Procedure	Assistance from the court for arbitration, such as evidence or interim relief.	A party may seek court support where permitted by the Arbitration Act 1996.	Advanced
Stay Of Legal Proceedings
Jurisdiction	A court pause of litigation because the dispute must be arbitrated.	Either party may apply for a stay of court proceedings in favour of arbitration.	Intermediate
Anti-Suit Injunction
Enforcement	A court order restraining proceedings brought in breach of an arbitration agreement.	A party may seek an anti-suit injunction to protect the arbitration agreement.	Advanced
Award
Award	The tribunal's binding decision on claims, issues or costs.	The tribunal shall issue its award in writing.	Beginner
Final Award
Award	An award finally resolving the matters it decides.	The final award shall be final and binding on the parties.	Beginner
Partial Award
Award	An award deciding some issues while others remain unresolved.	The tribunal may issue a partial award on liability.	Intermediate
Interim Award
Award	An award made before the final award on a discrete issue.	The tribunal may make an interim award on jurisdiction or liability.	Intermediate
Consent Award
Award	An award recording the parties' agreed settlement.	The parties may ask the tribunal to record their settlement as a consent award.	Intermediate
Reasoned Award
Award	An award that explains the tribunal's reasons for its decision.	The tribunal shall give reasons for its award unless the parties agree otherwise.	Intermediate
Form Of Award
Award	The required written content, signature, seat and date of the award.	The award shall comply with the form requirements of the Arbitration Act 1996.	Advanced
Remedies
Award	Orders the tribunal may grant, such as damages, declarations or specific performance.	The tribunal may award any remedy available under the applicable law.	Intermediate
Damages
Award	Money awarded to compensate a party for loss.	The claimant seeks damages for breach of contract.	Beginner
Declaration
Award	A formal statement of the parties' legal rights or obligations.	The tribunal may make a declaration on the meaning of the contract.	Intermediate
Specific Performance
Award	An order requiring a party to perform a contractual obligation.	The tribunal may order specific performance where permitted by law.	Intermediate
Interest
Award, Costs	An additional sum for the time value of money before or after an award.	The tribunal may award simple or compound interest.	Intermediate
Correction Of Award
Award	Fixing clerical mistakes, ambiguities or omissions in an award.	A party may request correction of the award within the permitted time.	Advanced
Additional Award
Award	A further award dealing with claims the tribunal omitted to decide.	The tribunal may issue an additional award on costs.	Advanced
Final And Binding
Award	The award conclusively resolves the matters it decides, subject to limited challenges.	Any award shall be final and binding on the parties.	Beginner
Appeal On Point Of Law
Award	A limited court appeal on a legal question arising from an award.	The parties exclude any appeal on a point of law to the fullest extent permitted.	Advanced
Serious Irregularity
Award	A serious procedural defect causing substantial injustice.	A challenge for serious irregularity must meet the statutory test.	Advanced
Substantive Jurisdiction Challenge
Jurisdiction, Award	A court challenge arguing the tribunal lacked jurisdiction.	A party may challenge the award for lack of substantive jurisdiction.	Advanced
Recognition
Enforcement	Court acceptance that an arbitral award is legally effective.	The award may be recognised in any New York Convention state.	Intermediate
Enforcement
Enforcement	Using court procedures to compel compliance with an award.	Judgment may be entered in terms of the award for enforcement.	Beginner
New York Convention
Enforcement	A treaty supporting recognition and enforcement of foreign arbitral awards.	The award may be enforced under the New York Convention.	Beginner
New York Convention Award
Enforcement	An award made in a state that is party to the New York Convention.	This award is a New York Convention award for enforcement purposes.	Advanced
Refusal Of Enforcement
Enforcement	A court's rejection of enforcement on limited statutory grounds.	Enforcement may be refused only on recognised grounds.	Advanced
Public Policy
Enforcement	Fundamental legal principles that may justify refusing enforcement.	Enforcement may be refused if contrary to public policy.	Advanced
Leave To Enforce
Enforcement	Court permission to enforce an award as if it were a judgment.	A party may apply to the court for leave to enforce the award.	Advanced
Judgment In Terms Of Award
Enforcement	A court judgment reflecting the arbitral award for enforcement purposes.	The court may enter judgment in terms of the award.	Advanced
Costs Of Arbitration
Costs	Arbitrators' fees, institutional fees and recoverable legal or other costs.	The tribunal shall allocate the costs of arbitration in the award.	Beginner
Arbitrator Fees
Costs	Fees charged by arbitrators for their work and expenses.	The parties shall be jointly and severally liable for the arbitrator's reasonable fees.	Beginner
Institutional Fees
Costs	Administrative charges payable to an arbitral institution.	The parties shall pay any institutional fees required by the LCIA.	Beginner
Legal Costs
Costs	Lawyers' fees and expenses incurred in the arbitration.	The tribunal may order the unsuccessful party to pay reasonable legal costs.	Beginner
Costs Follow The Event
Costs	The usual rule that the unsuccessful party pays the successful party's costs.	Costs shall follow the event unless the tribunal decides otherwise.	Intermediate
Recoverable Costs
Costs	Costs that the tribunal may order one party to pay another.	Recoverable costs shall be assessed by the tribunal if not agreed.	Intermediate
Security For Costs
Costs	Money or security ordered to protect against unpaid costs.	The respondent may apply for security for costs.	Advanced
Deposit For Costs
Costs	Advance payment requested to cover tribunal or institutional costs.	Each party shall pay its share of any deposit for costs.	Beginner
Allocation Of Costs
Costs	The tribunal's decision on who pays arbitration costs.	The tribunal shall determine the allocation of costs in the final award.	Intermediate
Taxation Of Costs
Costs	Assessment of recoverable costs, now commonly called detailed assessment.	If costs are not agreed, they may be assessed by the tribunal or court.	Advanced
Third-Party Funding
Costs	Funding of a claim by a non-party in return for a financial return.	A party shall disclose any third-party funder if required by the tribunal.	Advanced
Mediation Before Arbitration
Procedure	A required attempt to settle through mediation before arbitration starts.	The parties shall attempt mediation before commencing arbitration.	Beginner
Escalation Clause
Procedure	A clause requiring steps such as negotiation or mediation before arbitration.	Senior executives shall meet before either party may commence arbitration.	Intermediate
Negotiation Period
Procedure	A set time for settlement talks before arbitration may begin.	Either party may commence arbitration after a 30-day negotiation period.	Beginner
Dispute Notice
Procedure	A notice identifying a dispute and triggering the dispute resolution process.	A party shall serve a dispute notice before commencing arbitration.	Beginner

What Should A UK Arbitration Agreement Define Clearly?

A strong arbitration clause should identify the seat of arbitration, the governing law, the appointing authority, the number of arbitrators, the rules, and the language. In England, Wales and Northern Ireland, the seat usually determines the court with supervisory powers under the Arbitration Act 1996, so it should not be left ambiguous.

Why Does The Seat Of Arbitration Matter In The UK?

The seat links the arbitration to a legal system. If the seat is England and Wales, the Arbitration Act 1996 generally governs matters such as tribunal powers, challenges to awards and court support. The physical hearing can still take place elsewhere, so the seat should be distinguished from the venue.

Which Arbitration Terms Most Affect Enforceability?

Arbitration agreement, separability and kompetenz-kompetenz help determine whether the tribunal can decide disputes even where the main contract is challenged.
Final and binding award, New York Convention and recognition and enforcement are central to turning an award into something enforceable in the UK or abroad.
Due process, impartiality, disclosure and natural justice reduce the risk of challenges to an award.

What Cost Issues Should Users Consider Before Choosing Arbitration?

Arbitration can involve arbitrator fees, institutional fees, legal costs, expert costs and security for costs. UK users should consider whether the clause allows recovery of costs, interest and interim measures, and whether expedited or documents-only procedures are appropriate for lower-value disputes.

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FAQs

What is a United Kingdom arbitration agreement?

A United Kingdom arbitration agreement is a written clause or standalone agreement in which parties agree to resolve disputes through arbitration rather than court proceedings, usually under the Arbitration Act 1996.

What terms are commonly used in UK arbitration agreements?

What does “seat of arbitration” mean in a UK arbitration agreement?

What is the difference between governing law and seat of arbitration?

What is an arbitration clause?

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