Kostin A.A. History of Regulation and Modern Features of Arbitration in the Law of England and Wales

Abstract: The Article attempts to cover the main stages of development and modern trends of arbitration under the law of England and Wales. The first section of the article discusses the sources and early judgments of English courts on arbitration. The Author emphasizes that arbitration tribunals had to counter the opposition of the state courts before the judgment Scot v. Avery. This opposition was driven by the fact that the state courts were unwilling to tolerate the existence of alternative dispute resolution system and by the fact that the ability of the parties to submit the dispute to arbitration seriously reduced the court’s fees. The second part deals with the modern trends in arbitration of England and Wales. The Author brings to attention that under Art. 69 of the Arbitration Act 1996 arbitral award may be appealed to the Court of Appeals (unless the parties agreed otherwise). However, such occurrence is genuinely exceptional. Besides, the second part of the Article touches upon arbitrability of the dispute under the doctrine and case law. The Article is concluded by a comparative analysis of Russian and English Law on arbitration.

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