Applicable law

Law applicable to arbitration agreement
1
1
The Arbitration Act 1996 is amended as follows.
2
After section 6 insert—

Law applicable to arbitration agreement
6A
1
The law applicable to an arbitration agreement is—
a
the law that the parties expressly agree applies to the arbitration agreement, or
b
where no such agreement is made, the law of the seat of the arbitration in question.
2
For the purposes of subsection (1), agreement between the parties that a particular law applies to an agreement of which the arbitration agreement forms a part does not constitute express agreement that that law also applies to the arbitration agreement.
3
Subsection (1) does not apply to an arbitration agreement derived from a standing offer to submit disputes to arbitration where the offer is contained in—
a
a treaty, or
b
legislation of a country or territory outside the United Kingdom.
4
In this section—
- “legislation” includes any provision of a legislative character;
- “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).
3
In section 2 (scope of application of provisions), in subsection (2) after the opening words insert—
za
section 6A (law applicable to arbitration agreement),
.
S. 1 not in force at Royal Assent, see s. 17(2)
S. 1 in force at 1.8.2025 by S.I. 2025/905, reg. 2