NCJ Number
100042
Journal
Arbitration International Volume: 1 Issue: 1 Dated: (April 1985) Pages: 82-102
Date Published
1985
Length
21 pages
Annotation
This article examines arbitration in England from 1484 to the present and delineates future trends, with an emphasis on major arbitration principles and the role of the courts.
Abstract
While the first arbitration act in 1698 gave the courts express powers with respect to arbitration, by 1854, limits were placed on court jurisdiction. Since then, the trend has been toward enhancement of arbitration as a means of private dispute settlement and a recognition that the arbitration system must have a substantially autonomous existence free from external interference. While there are no mandatory legislative provisions governing arbitration procedures in England and no distinction between domestic and international arbitration, there are two guiding legal principles of relevance: party autonomy and equality of treatment of the parties. The role of the courts in modern times has expanded in some areas and contracted in others. Under the 1979 Arbitration Act, the court's appellate role is limited to points of English law and operates only at the discretion of the parties. Supportive court functions include jurisdiction to grant interim orders of protection, subpoena documents and witnesses for arbitration proceedings, review fees, and establish a tribunal at the request of one of the disputing parties. The courts also supervise enforcement of awards, due process and exercise of authority reviews, and removal of an arbitrator for partiality or misconduct. A trend toward increased liberalization and internationalism is seen for the future. 54 footnotes.