Thai translation. This page is translated from the canonical English version for general information. UK legal terms do not always translate exactly — check the English source for legal decisions and seek professional advice for important matters. The English page is authoritative.
สรุป
The Arbitration Act 1996 is the principal statute governing arbitration in England & Wales and Northern Ireland. It establishes the principle of party autonomy, sets out the duties of arbitral tribunals, and limits court intervention. The Act has made London one of the world's leading arbitration seats and applies to both domestic and international arbitrations.
ประเด็นสำคัญ
- General principles — fair resolution, party autonomy, limited court intervention (s.1)
- Arbitration agreement must be in writing (s.5) — includes electronic communications
- Court must stay legal proceedings where there is a valid arbitration agreement (s.9)
- Tribunal's duty to act fairly and impartially, adopting suitable procedures (s.33)
- Tribunal may rule on its own jurisdiction (Kompetenz-Kompetenz) (s.30)
- Award is final and binding; limited grounds for challenge under ss.67–69
- Section 67 — challenge on grounds of lack of substantive jurisdiction
- Section 68 — challenge for serious irregularity affecting the tribunal, proceedings, or award
- Section 69 — appeal on a point of law (may be excluded by agreement)
- Founding principles: party autonomy, limited court intervention, fair resolution (s.1)
- Stay of court proceedings in favour of arbitration (s.9)
- Appointment of arbitrators and tribunal powers (Part I)
- Duty of tribunal to act fairly and impartially (s.33)
- Challenge of awards on grounds of serious irregularity (s.68) or point of law (s.69)
- Enforcement of awards as court judgments (s.66)
- General principles: party autonomy; court should not intervene except as provided (s.1)
- Definition and effect of arbitration agreements (ss.5–7)
- Stay of legal proceedings where there is an arbitration agreement (s.9)
- Appointment of arbitrators (ss.15–18)
- General duty of the tribunal: act fairly and impartially, avoid unnecessary delay/expense (s.33)
- Awards: form, remedies, costs, and interest (ss.47–65)
- Challenge of an award: lack of substantive jurisdiction (s.67), serious irregularity (s.68), appeal on point of law (s.69)
- Party autonomy as the guiding principle
- Limited court intervention (s.1(c))
- Stay of proceedings in favour of arbitration (s.9)
- Challenge of awards: serious irregularity (s.68) or point of law (s.69)
ส่วนและมาตรา
ประวัติการแก้ไข
2025 — Arbitration Act 2025 (expected)
Proposed reforms following the Law Commission review, including codifying arbitrator duty of disclosure and strengthening challenge procedures.
2025 — Arbitration Act 2025 (proposed)
Law Commission recommendations for reform including codification of the law governing arbitration agreements.