Arbitration Act 1996, Merkin and Flannery on the
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PART II.I
ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT : Arbitration pursuant to an arbitration agreement
ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT : Arbitration pursuant to an arbitration agreement
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General principles
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1. – The provisions of this Part are founded on the following principles, and shall be construed accordingly –
- (a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense;
- (b) the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest; and
- (c) in matters governed by this Part the court should not intervene except as provided by this Part.
Notes
§1.1 Introduction
This section may lay claim to being the most important provision in the entire Act. It lays down the general principles upon which the statute is based. Its provisions had no previous precedent in statutory arbitration law. It is made clear by the opening sentence, and, indeed, was emphasised by the DAC,1 that, in the case of any ambiguity in the Act, the three stated principles are to have overriding effect. In essence, the provision does not seek to define arbitration as such, but rather to delineate its most important features.2