Conducting the arbitration — overviewStarting the arbitration

An arbitration starts when a party files a 'notice of arbitration' or a 'request for arbitration' on the other party. Once filed, the parties must appoint a tribunal. The Arbitration Act 1996 and the institutional rules/Uncitral state the date on which an arbitration is deemed to have commenced.

General arbitration procedure

Each arbitration has its own procedure set out in the parties agreement and/or in the applicable institutional rules and/or by the tribunal. Each arbitration will generally include certain steps such as:

• preparation of witness statements

• production of written submissions

• deliberation by the tribunal and issue of written award

Fast-track arbitration

Many of the major international arbitration institutions such as the SCC and WIPO have expedited arbitration rules.

There is no provision for fast-track arbitration in the Arbitration Act 1996. However, there is a mandatory obligation on the parties to ensure the proper and expeditious conduct of the arbitral proceedings.

Venues and other practical matters

In London there are many bodies that provide arbitral services and hire out rooms for hearings. Rooms should be booked well in advance and consideration should be given to the requirement for transcripts, the use of technology (such as powerpoint), translation services etc.

Arbitration costs

The parties can agree how arbitration costs should be dealt with. If there is no such agreement then the tribunal has a discretion to make a costs award; generally costs follow the event. CFAs can be entered into but an award need not make reference to the CFA.

A tribunal has the ability to make cost capping orders, although this is not widely used in practice. Other costs to bear in mind are cancellation fees and advance on costs (arbitration institutions).