English Arbitration Act 1996 Essay Example | Topics and Well Written Essays - 5000 words

English Arbitration Act 1996 - Essay Example This Act was formed for improvements accumulating from the former arbitration acts and case law following the structure and language of the Model Law without completely adopting it. The 1996 Act is characterized by many features, the most important being confirming the Principle Part Autonomy. Although it includes a number of mandatory provisions, the Act leaves a large number of issues up to the freedom of parties. Moreover, it limits the intervention of courts during the arbitral process except for assisting in its efficiency. Even after rendering the arbitral award, it limits the right of parties to appeal, balancing between the significance of the courts' interference to assist in achieving justice when the arbitral tribunal conducts wrongly and issues an unjust award and the fact that the arbitral award shall be final and binding and that the intervention of courts shall be limited. In addition, it is inclusive as it deals with most aspects of the arbitral process in details leaving some aspects up to the discretionary power of the court. In this chapter, the significant aspects of the arbitral process are addressed in the light of 1996 Act. ... proceedings,9 the national court's power in supporting the arbitral process,10securing the attendance of witnesses,11 and enforcing arbitration awards.12 3. Arbitration Agreement The English Arbitration Act provides a simple and at the same time broad definition for the arbitration agreement by defining it as "an agreement to submit to arbitration present or future disputes (whether they are contractual or not)."13 With this broad definition, the English Act recognizes both types of the arbitration agreement; arbitration clause and submission agreement. Moreover, based on Section 6, the reference within an agreement between parties to a written arbitration clause or a document that includes an arbitration clause is considered an arbitration agreement between those parties "if the reference is such as to make that clause part of the agreement."14 However, although the English Act does not stipulate the explicitly of this reference, the approach of the English case law confirms the nec essity of such reference to be in unambiguous and clear words.15 3.1 The Formal condition for the arbitration agreement Under the 1996 Act, the only formal condition for the arbitration agreement to be submitted to the provisions of this Act is the condition of being written.16 This Act gives a broad interpretation as for the existence of this condition. It deems that the arbitration agreement is in writing if it is made via exchanging written communications,17 or if it is written but not signed whether by one or all parties.18 Similarly, when this agreement "is evidenced in writing"19 or there has been an oral agreement to arbitration between parties by referring to written terms.20 In addition, the 1996 Act is sufficient with the existence of this requirement whenever the arbitration