Arbitration Law
| This chapter was reviewed in November 2025 and no updates were found to be needed. The next review of this chapter is due in March 2026. |
Chapter 11
THE APPOINTMENT OF ARBITRATORS
THE ROLE OF THE PARTIES AND THE COURTS
The principle of party autonomy
11.1
English law has always conferred upon the parties to an arbitration agreement a good deal of autonomy in
the number of arbitrators and as to the procedure for their appointment, with the law operating very
much as a safety net by providing mechanisms for appointment if none have been agreed and presumptions
as to the number of arbitrators. The supportive approach of the law, which was implicit in the
Arbitration Act 1950, is explicit under the Arbitration Act 1996, which is designed to provide “a
comprehensive regime” in place of the “incomplete regime” under earlier legislation.
1
The appointment provisions of the 1996 Act all operate only where there is no agreement to the contrary
or where the parties cannot actually operate what they have agreed, and it is of even greater importance
under the 1996 Act for the parties to have considered in advance exactly what they require, as if they
fail to do so the default provisions in the 1996 Act will apply. The checklist of matters open to the
parties on which to agree consists of: