Substantive law of the dispute in arbitration (England and Wales)

Copyright © 2025 LexisNexis
Produced in partnership with Jennifer Haywood of Serle Court
Practice notes

Substantive law of the dispute in arbitration (England and Wales)

Copyright © 2025 LexisNexis

Produced in partnership with Jennifer Haywood of Serle Court

Practice notes
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This Practice Note considers the laws an Arbitral Tribunal should apply when making its substantive award, and what Rules it should follow to determine those laws where the parties have made no express choice. It assumes the tribunal is seated in England and Wales (England and English are used as convenient shorthand) or Northern Ireland. It specifically addresses International arbitrations, which, for these purposes, means Arbitrations in which one or more of the parties is domiciled outside England and Wales or where the contract is to be performed overseas.

Practice Note: Applicable laws in international arbitration may also be of interest to practitioners. Guidance on applicable law in the context of civil litigation is also available: Applicable law principles—overview, Applicable law (UK regime)—overview and Applicable law (EU regime)—overview.

The law applicable to the substance of the dispute

In general terms, the applicable law of a contract is the system of private law that defines the rights and obligations of the parties to the agreement. The applicable law is also the body of

Jennifer Haywood
Jennifer Haywood

Barrister, Serle Court

Jennifer is a barrister, a fellow of the Chartered Institute of Arbitrators and a CEDR accredited mediator.
 
Her practice as a barrister has covered much of the breadth of commercial chancery work, with an emphasis on disputes between members of partnerships, LPs, LLPs, companies and joint ventures and disputes involving alleged breaches of fiduciary duty/good faith, trusts and fraud. She is ranked in Band 1 for partnership by both Chambers and Partners and Legal 500.
 
Jennifer has sat as sole arbitrator, co-arbitrator and presiding arbitration in arbitrations covering a wide range of issues and sectors, including professional services, financial services, pharmaceutical supplies and real property, particularly in shareholder/partner/JV disputes.
 
She has also conducted over 50 mediations, many of them complex and emotionally charged, arising out of partnership, commercial, property and trust/probate disputes.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Arbitration definition
What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

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