Arbitration Act 1996

Arbitration Act 1996 – Section 33(1) & (2)
Section 33(1) The tribunal shall – (a) act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting his case and dealing with that of his opponent, and (b) adopt procedures suitable to the circumstances of the particular case, avoiding unecessary delay or expense, so as to provide a fair means for the resolution of the matters falling to be determined. (2) The tribunal shall comply with that general duty in conducting the arbitral proceedings, in its decisions on matters of procedure and evidence of all other powers conferred on it.

Arbitration Act 1996 – Section 61(1) & (2)
Section 61(1) The tribunal may make an award allocating the costs of the arbitration as between the parties, subject to the any agreement of the parties. (2) Unless the parties otherwise agree, the tribunal shall award costs on the general principle that costs should follow the event accept where it appears to the tribunal that in the circumstances this is not appropriate in relation to the whole or part of the costs.

Arbitration Act 1996 – Section 65
Arbitrators can cap costs under Section 65 but the parties are free to agree that costs will not be capped.

Arbitration Bodies

In Civil Procedure Rules – CPR 62: Arbitration Claims

Notable Cases

Piper Double Glazing Ltd -v- DC Contracts [1994] 1 WLR 777 – The right to conduct Arbitration is not restricted to solicitors. See also reference to this case in Agassi v Robinson [2005] EWCA Civ 1507 (para 42).

Linpave -v- Gillingham FC [2003] – Sealed offers in Arbitration – The failure to consider a valid reverse offer in arbitration would be an error of law. The court thought that ‘while specific consequences are attached to such an offer in the CPR and while the CPR does not directly apply to arbitration, arbitrators may, in my view, by analogy, wish to recognise the existence of a successful reverse offer by way of an enhancement of the awards they would otherwise make of interest and costs’.