chapter  24
Applications to the English court relating to arbitration
ByClare Ambrose, Karen Maxwell, Michael Collett QC
Pages 10

Most applications to court concerned with arbitration take the form of an “arbitration claim”. Arbitration claims are required to be issued in the High Court. Arbitration claims relating to London maritime arbitration are invariably issued in the Commercial Court. The 1996 Act requires notice of certain claims or applications to be given. An arbitration claim form is valid for one month for service, though the court may extend time. Even where no such agreement is forthcoming, in practice it is common to seek an order permitting alternative service on solicitors within the jurisdiction: the Commercial Court’s “almost invariable” practice, in respect of arbitrations seated within the jurisdiction. The court has a wide discretion to make orders for security for costs but it may not make them simply on the ground that the claimant is based outside the jurisdiction.41 The court may also require the claimant to make a payment into court of any money payable under the award.