Arbitration in London: how it works after the Arbitration Act 2025

The short version

• Arbitration in London is governed by the Arbitration Act 1996, as amended by the Arbitration Act 2025 for arbitrations started on or after 1 August 2025.
• In those arbitrations, the seat’s law governs the arbitration agreement unless the parties expressly chose another law for it, except for offers to arbitrate in a treaty or foreign legislation.
• In the 2025 Queen Mary survey, where respondents could name up to five seats, London was named by 34% and Singapore and Hong Kong by 31% each.
• LCIA cases ending in a final award from 2017 to May 2024 had medians of 20 months and US$117,653.
• Challenges and appeals must be brought within 28 days. The LCIA Rules waive any appeal, which excludes the appeal on a point of law.
• The 2025 Act says nothing about AI. Ciarb and the LMAA publish guidance and the LCIA is revising its rules; the judiciary’s guidance covers judges and their staff, not arbitrators.^{7,27,31,32,44,47,48,56,57,59,67}

What law governs arbitration in London?

Arbitration in London is governed by English arbitration law: the Arbitration Act 1996, as amended by the Arbitration Act 2025. Part I of the Act applies when the seat is in England and Wales or Northern Ireland (s 2(1)). A few sections, including s 6A and s 66, apply even when the seat is abroad (s 2(2)).^2,31

The seat is the arbitration’s legal home. Its law governs the procedure and its courts supervise the case and hear challenges to the award. Hearings can take place somewhere else. Unless the parties agree otherwise, an award is treated as made at the seat designated under s 3, wherever it is signed or sent (s 53), and under the LCIA Rules a hearing at another venue or online does not change the seat (art 16.3).^3,20,44

Parties cannot contract out of the sections in Schedule 1, such as the stay of court proceedings (s 9), the duty of disclosure (s 23A), the tribunal’s duty to act fairly (s 33) and challenges under ss 67 and 68. Institutional rules can replace the rest (s 4). The tribunal applies the law chosen for the substance, or other agreed considerations; failing a choice, the conflict rules it considers applicable decide (s 46(1), (3)).^{4,5,9,11,14,19}

Why do parties choose London as the seat?

London is the most preferred seat in the 2025 International Arbitration Survey by Queen Mary University of London. Respondents could name up to five seats. London was named by 34% and Singapore and Hong Kong by 31% each (Chart 3, printed p 7). Interviewees credited its record of upholding awards (printed p 8). London’s share fell from 54% in 2021, when Singapore shared first place with it (endnotes 14, 15).⁵⁹

Of LCIA Rules arbitrations started in 2025, 87% were seated in London and 77% had no UK party (LCIA Casework Report 2025, printed pp 3, 29). In International Chamber of Commerce (ICC) arbitration, London was the place of arbitration in 78 cases in 2025, behind Paris with 82 (ICC statistics, Table 10). Parties from India made up 2.5% of parties in LCIA Rules arbitrations, up from 1.2% in 2024 (printed p 24); see arbitration in India.^46,53

About three in ten claims issued in the Commercial Court are arbitration claims (Commercial Court Report, p 2). The Law Commission estimated at least 5,000 arbitrations a year in England and Wales, saying the actual figures “may be much higher” (para 1.4). For how London compares with Singapore, see arbitration in Singapore.^36,43

Which institutions run arbitrations in London?

The London Court of International Arbitration (LCIA), founded in 1892, administers cases at any seat (Casework Report, printed p 7). London-seated cases also run under ICC rules or ad hoc, meaning without an institution. Ad hoc cases include maritime arbitrations on the terms of the London Maritime Arbitrators Association (LMAA), which facilitates but does not administer them. If an ad hoc appointment procedure fails with no agreed fallback, the court can appoint (s 18(2), (3)(d)). The LCIA’s rules consultation opened on 11 March 2026 (LCIA in the tracker).^10,46,48,52

What should a London arbitration agreement say, and what can be arbitrated?

A London arbitration clause should be in writing and name London as the seat. It need not be signed, and an exchange of written communications counts (s 5(2)). The Act leaves which disputes can be arbitrated to the general law (s 81(1)(a)).^6,28

The law of the arbitration agreement is the law the parties expressly chose for it, otherwise the seat’s law; a choice for the main contract is not enough (s 6A(1), (2)). For arbitrations started from 1 August 2025, this replaces the Enka v Chubb default, under which the contract’s law generally carried over ([170](iv); 2025 Act s 17(4)). It excludes standing offers to arbitrate in treaties or foreign legislation (s 6A(3)). The LCIA’s recommended clause has no blank for the clause’s own law, so a different one must be added expressly.^7,31,37,64

Unless agreed otherwise, the clause survives if the main contract is invalid, never came into existence or has become ineffective (s 7), and the tribunal can rule on its own jurisdiction (s 30(1)). If a party applies, a court must stay proceedings brought in breach of the clause unless satisfied that it is “null and void, inoperative, or incapable of being performed” (s 9(1), (4)).^8,9,62

Arbitration in England is not confidential by statute. The Law Commission left it to the common law, which recognises confidentiality on several legal bases, and to arbitral rules (paras 2.21 to 2.25). LCIA parties undertake, as a general principle, to keep awards and materials confidential, with exceptions such as enforcing an award (art 30.1).^36,44

How does an arbitration in London run, step by step?

An LCIA arbitration in London starts when the Registrar receives the claimant’s Request for Arbitration and the fee (arts 1.1, 1.4). Only the LCIA Court appoints arbitrators, taking into account any written agreement or joint nomination by the parties (art 5.7).⁴⁴

How long does arbitration in London take, and what does it cost?

The median LCIA case took 20 months and cost US$117,653, for cases ending in a final award from 1 January 2017 to 12 May 2024; claims under US$1 million took 12 months. The cost covers tribunal fees and LCIA charges, not legal costs (full report, printed p 12).^47,65

• LCIA registration fee: £1,950.
• LCIA administration: Secretariat time at £190 to £300 an hour, plus 5% of the tribunal’s fees for the LCIA’s overhead.
• Arbitrators: £250 to £650 an hour, higher only in exceptional cases with all parties’ agreement.
• Emergency arbitrator: a £10,000 application fee plus the emergency arbitrator’s £25,000 fee.
• No worked example: the LCIA charges by time, not by the amount in dispute, so the median is the benchmark. We found no comparable official ICC, LMAA or ad hoc figures.
• Who pays: the loser, as costs follow the event unless that is inappropriate or agreed otherwise (s 61(2), (3)). An agreement that one party pays whatever the result binds only if made after the dispute arose (s 60). LCIA tribunals also weigh success and conduct (art 28.4).^{21,22,44,45,47}

Early determination lets an LCIA tribunal dismiss early a claim or defence that is, for example, manifestly without merit (art 22.1(viii)). Applications rose from 17 in 2024 to 38 in 2025, 10 of them granted, which coincided with s 39A, the Act’s summary disposal power (printed p 49).^15,44,46

What do the English courts do in a London arbitration?

The English courts stay court cases brought in breach of an arbitration clause (s 9), appoint arbitrators if the agreed method fails (s 18), grant interim measures (s 44), enforce peremptory orders (s 42) and hear challenges (ss 67 to 69). Otherwise they should not intervene (s 1(c)). Arbitration claims are heard in the Commercial Court, the Circuit Commercial Court or the Technology and Construction Court (CPR r 62.1(3)). Since 1 October 2026 the Commercial Court has sat in the Business and Property Division, the renamed Chancery Division (SI 2026/723, arts 1(2), 2).^{1,9,10,17,18,24,33,34}

Interim measures, meaning orders that protect assets or evidence until the award, come mainly under s 44, which now reaches “any other person” as well as the parties (s 44(1)). In urgent cases the court can act to preserve evidence or assets (s 44(3)); otherwise it needs a party’s application on notice, with the tribunal’s or emergency arbitrator’s permission or the other parties’ written agreement (s 44(4), (4A)). It acts only where neither can act effectively (s 44(5)). There were 34 such applications in 2024 to 2025 (Commercial Court Report, p 11).^18,43

A peremptory order follows a party’s failure, without sufficient cause, to obey an earlier order, and the court can enforce one from the tribunal or an emergency arbitrator (s 42(1); s 41A(2)). In Eurochem v Tecnimont [2026] EWCA Civ 5, the Court of Appeal held that this covers a tribunal’s peremptory order granting anti-suit relief ([1], [2], [5], [65]).^16,17,34,42

How do you challenge an award made in London?

You challenge an award made in London by applying to the court within 28 days under s 67 (no substantive jurisdiction, meaning power to decide), s 68 (serious irregularity causing substantial injustice) or s 69 (an appeal on a point of law). The first two cannot be excluded by agreement, and challenges rarely succeed.^{5,24,25,26,27,43}

Set aside means a court at the seat cancels the award. Our set aside entry follows the Model Law; the English equivalent is a challenge under ss 67 and 68. The court must not set aside unless remitting, meaning sending the award back to the tribunal, would be inappropriate (s 67(3A); s 68(3)).^24,25

Unless excluded, you can appeal an arbitration award in England on a point of law only with all parties’ agreement or the court’s leave (s 69(1), (2)). Leave requires, among other things, that on the facts found the decision is obviously wrong, or the question is of general public importance and the decision at least open to serious doubt (s 69(3)(c)). The 28-day deadline to challenge an arbitration award runs from the award or a later arbitral appeal or material correction decision (s 70(3), (3A)), and the court can extend it (CPR r 62.9).^26,27,34

• s 69 in 2024 to 2025: 73 applications. By October 2025, 21 were refused permission, 2 appeals had failed, none had succeeded and 45 awaited a decision.
• s 68: 48 applications, 26 pending and none yet successful. Of 39 in 2023 to 2024, 8 partly succeeded.
• s 67: 21 applications, 12 pending and none yet successful. Of 24 in 2023 to 2024, 3 succeeded.⁴³

In India v RAKIA [2026] EWCA Civ 1358, a London award declining jurisdiction was set aside under s 67 and the dispute sent back to the tribunal. The Court of Appeal upheld that on 22 October 2026 ([5], [6], [84]); see arbitration in India. In P&ID v Nigeria [2023] EWHC 2638 (Comm), awards of US$6.6 billion were found to have been obtained by fraud, contrary to public policy (s 68(2)(g); [10], [574]).^40,63

How are arbitral awards enforced in and from England?

A London award is enforced in England like a court judgment once the court gives leave (s 66). Unless agreed otherwise, it is treated as made in England and Wales wherever it was signed (s 53). In other states party to the New York Convention, the 1958 treaty on recognising and enforcing foreign arbitral awards, it can be enforced under that Convention.^20,23,60

The Convention has 172 parties, as of 26 October 2026. The United Kingdom acceded on 24 September 1975, with effect from 23 December 1975, and applies the Convention only to awards made in another contracting state. For enforcing a London award in Singapore or India, see those guides.⁶⁰

Foreign Convention awards are enforced in England with the court’s leave (s 101(2)). Enforcement “shall not be refused except” on listed grounds, such as incapacity, an invalid agreement, lack of notice, matters not submitted to arbitration, an award set aside at the seat, or public policy (s 103(1) to (3)).^29,30

State immunity, a state’s protection from foreign courts, turns on the treaty. Joining the ICSID Convention, the 1965 convention on investment disputes, is a submission to the courts’ jurisdiction for registering ICSID awards (Spain v Infrastructure Services [2026] UKSC 9, [1], [144]). Ratifying the New York Convention is not, because its article III preserves immunity (Devas v India [2026] EWCA Civ 797, [45], [46]).^39,41

What did the Arbitration Act 2025 change, and which judgments matter?

The Arbitration Act 2025 amended the 1996 Act as listed below. The changes apply to any arbitration started on or after 1 August 2025, whenever your clause was made, but not to earlier arbitrations or court cases about them (2025 Act s 17(4); SI 2025/905 reg 2).^31,32

• s 6A: the law of the arbitration agreement.
• s 23A: a statutory duty of disclosure.
• s 24(5A): no removal costs against an arbitrator without bad faith.
• s 29(4): no liability for resigning unless the resignation was unreasonable.
• s 39A: summary awards, which the Law Commission called summary disposal.
• s 41A and s 42: emergency arbitrators and their peremptory orders.
• s 44: court orders against third parties.
• s 61(1A): costs even where the tribunal finds it has no jurisdiction.
• s 67(3) to (3D): remittal first, and court rules on new grounds.
• s 70(3A): when the 28 days start.^{7,11,12,15,16,17,18,22,24,27,31,36}

Can AI be used in a London arbitration?

AI can be used in a London arbitration, within limits set by the parties’ agreement and the tribunal’s duties. The 2025 Act does not mention AI, and the Law Commission did not take up a suggestion to address AI and automation (Appendix 3, para 3.4). The tribunal’s duty to act fairly still applies (s 33) and an arbitrator’s authority is personal (s 26(1)); Scotland requires an individual (Sch 1 r 3). See can AI be an arbitrator.^{13,14,31,35,36}

We found no LCIA instrument on AI as of 21 October 2026 (LCIA). AI disclosure and guardrails are a theme of the rules revision consultation it opened on 11 March 2026. Its Rules already bar delegating decisions to a tribunal secretary (art 14.8), the non-delegation principle. On 23 July 2026 it joined 15 other institutions in a submission on the European Commission’s draft high-risk AI guidelines under the EU AI Act.^44,48,49

Ciarb’s Guideline on the Use of AI in Arbitration (2025), updated in September 2025, is guidance. It applies where the parties agree to it or the tribunal adopts it by procedural order (Ciarb Guideline), and keeps decisions with the arbitrators (paras 8.2, 8.4). The LMAA’s December 2024 guidance to members, not part of its Terms, also says tribunals should not delegate decisions to AI.^56,67

Judicial guidance is addressed to the judiciary, not arbitrators: the guidance of 31 October 2025 (judicial guidance) and the Position Statement of 9 October 2026, which says “AI tools must not determine the outcome of a case” (para 10; Position Statement). On lawyers’ duty to check AI output, which can hallucinate, see AI in law.^57,58

We found no English judgment on an award challenged over AI use as of 26 October 2026 (how we search; awards challenged over AI use). See also AI in arbitration and AI in dispute resolution.

What is not settled?

• Enka v Chubb still governs arbitrations started before 1 August 2025 (2025 Act s 17(4)) and agreements from standing offers in a treaty or foreign legislation (s 6A(3)).
• Court rules may limit new grounds and evidence in some s 67 challenges (s 67(3B) to (3D)); the CPR Part 62 text we read on 26 October 2026 has none.
• The next LCIA Rules, with drafts due “later in 2026” and AI disclosure among the themes.
• Immunity from execution against a state’s assets, which neither Spain v Infrastructure Services nor Devas v India decided.^{7,24,31,34,37,39,41,48}