Arbitration

When parties agreed to arbitrate, the court should strive to give effect to that intention and should seek to support the arbitral process. Where there was an arbitration clause, it was not any part of the court’s function to designate or determine the seat of arbitration.

That was a matter which, if disputed by the parties, would have to be determined by the arbitral tribunal once appointed. Although there was no statutory guidance as to the degree or type of connection required under s 2(4) of the Arbitration Act 1996, a party should not generally bring proceedings in relation to an arbitration except in the courts of the jurisdiction of the seat of arbitration. Further, there would be sufficient “connection” if the proper law of the contract was English law.