Seat of Arbitration
The legal 'home' of an arbitration under English law — fixed by the parties or the tribunal rather than by where hearings physically take place — which determines the procedural law applied and the court with supervisory jurisdiction.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Section 3 of the Arbitration Act 1996 defines the seat of the arbitration as the juridical seat designated by the parties to the arbitration agreement, by an arbitral or other institution given that power by the parties, or by the tribunal itself if the parties have authorised it to decide. Where none of these has happened, the seat is instead determined by looking at the parties' agreement and all the relevant circumstances.
The seat is a legal concept rather than simply a geographic one — an arbitration can have its seat in England and Wales even though hearings, witness evidence or deliberations take place elsewhere. Fixing the seat matters because it determines which country's arbitration law governs the proceedings and which national courts have supervisory powers over the arbitration, including the power to hear a challenge to the award, for example on the ground of serious irregularity.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.