England and Wales · Arbitration and court procedure
What period and facts govern default sole-arbitrator notice in England and Wales?
Within 7clear days of the notice, subject to section 78 and the completion-place calendar. After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically.
- Period
- Within 7clear days of the notice, subject to section 78 and the completion-place calendar
- Trigger
- Giving the written section 17(1) notice by the party that duly appointed its arbitrator
- Rule
- Arbitration Act 1996 section 17
This default sole-arbitrator notice guide uses retained current official Arbitration Act 1996 text and current Justice UK CPR and PD 62 pages. The 2025 Act section 12 and SI 2025/905 commenced the amended section 70 scheme on August 1, 2025. Section 17(4) of the 2025 Act preserves its specified precommencement exclusions; the actual arbitral and court commencement facts remain necessary.
Source guide · No automated date
Check the applicable procedure
Arbitration Act 1996 section 17. Within 7clear days of the notice, subject to section 78 and the completion-place calendar. After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically. Establish the actual actor, event, agreed regime, court order and completion facts before relying on a final endpoint. This source guide provides no computed or paid date.
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What period and facts govern default sole-arbitrator notice in England and Wales?
Within 7clear days of the notice, subject to section 78 and the completion-place calendar. After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically.
Responsible actor. The defaulting party responding to a valid section 17 notice.
Giving the written section 17(1) notice by the party that duly appointed its arbitrator
After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically.
The defaulting party responding to a valid section 17 notice. Within 7clear days of the notice, subject to section 78 and the completion-place calendar. After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically.
Arbitration Act 1996 section 17How does this provision count time?
- Within 7clear days of the notice, subject to section 78 and the completion-place calendar
- Make the required appointment and notify the other party.
- After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically.
Section 78(1) and (2) preserves an agreed counting method for the applicable arbitral default. For the section 17 notice, section 78(4) requires actual intervening clear days, and subsection (5) excludes Saturdays, Sundays and public holidays in the completion place for periods of seven days or less.
For default sole-arbitrator notice, identify the place where the arbitral act must be completed and the operative agreement. Section 78 does not itself state a universal next-working-day extension for these longer arbitral periods. Court-office closure under CPR 2.8(5) must not be imported as an automatic arbitral extension.
Arbitration Act 1996 section 17Which facts prevent one automatic date?
Arbitration Act 1996 section 17. Within 7clear days of the notice, subject to section 78 and the completion-place calendar. After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically. Establish the actual actor, event, agreed regime, court order and completion facts before relying on a final endpoint. This source guide provides no computed or paid date.
The defaulting party responding to a valid section 17 notice has records establishing giving the written section 17(1) notice by the party that duly appointed its arbitrator. Within 7clear days of the notice, subject to section 78 and the completion-place calendar. Make the required appointment and notify the other party. After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically. Establish all source facts before choosing a final date.
The proposed compliance period for default sole-arbitrator notice meets a weekend, holiday or court-office closure. Section 78(1) and (2) preserves an agreed counting method for the applicable arbitral default. For the section 17 notice, section 78(4) requires actual intervening clear days, and subsection (5) excludes Saturdays, Sundays and public holidays in the completion place for periods of seven days or less. For default sole-arbitrator notice, identify the place where the arbitral act must be completed and the operative agreement. Section 78 does not itself state a universal next-working-day extension for these longer arbitral periods. Court-office closure under CPR 2.8(5) must not be imported as an automatic arbitral extension. Apply the actual counting regime to the particular act. Do not infer a uniform next-working-day extension.
After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically. Within 7clear days of the notice, subject to section 78 and the completion-place calendar. The actual branch facts are not established by the raw catalog period. Make the required appointment and notify the other party. Establish the material facts or follow the actual order; this guide supplies no automatic date.
Which conditions and exceptions apply?
- Actual actor and completed procedural act
- The defaulting party responding to a valid section 17 notice. Make the required appointment and notify the other party.
- Controlling event and applicable agreement or order
- Giving the written section 17(1) notice by the party that duly appointed its arbitrator. After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically.
- Source-specific counting and completion place
- Section 78(1) and (2) preserves an agreed counting method for the applicable arbitral default. For the section 17 notice, section 78(4) requires actual intervening clear days, and subsection (5) excludes Saturdays, Sundays and public holidays in the completion place for periods of seven days or less. For default sole-arbitrator notice, identify the place where the arbitral act must be completed and the operative agreement. Section 78 does not itself state a universal next-working-day extension for these longer arbitral periods. Court-office closure under CPR 2.8(5) must not be imported as an automatic arbitral extension.
- The defaulting party responding to a valid section 17 notice. Within 7clear days of the notice, subject to section 78 and the completion-place calendar. After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically.
- Default sole-arbitrator notice concerns the defaulting party responding to a valid section 17 notice and make the required appointment and notify the other party. After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically. Sole arbitrator joint appointment addresses a separate procedural question and cannot establish this actor’s completed step.
What must the responsible actor complete?
Questions about this procedure
What period and facts govern default sole-arbitrator notice in England and Wales?
What period applies to default sole-arbitrator notice?
Within 7clear days of the notice, subject to section 78 and the completion-place calendar. After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically.
Arbitration Act 1996 section 17Which actual event controls default sole-arbitrator notice?
Giving the written section 17(1) notice by the party that duly appointed its arbitrator. The defaulting party responding to a valid section 17 notice must establish that event from the actual request, award, service or court records.
Arbitration Act 1996 section 17What act completes default sole-arbitrator notice?
Make the required appointment and notify the other party. After an unresolved default the other party MAY make an actual sole-arbitrator appointment; expiry never creates that appointment automatically.
Arbitration Act 1996 section 17Must the defaulting party both appoint and notify?
Yes. Section 17(2)(a) and (b) require the appointment and notification to the other party within the specified clear-day period.
Arbitration Act 1996 section 17Does the notice automatically appoint a sole arbitrator when time expires?
No. Section 17(2) says the other party may appoint its arbitrator as sole arbitrator. That further act remains necessary.
Arbitration Act 1996 section 17Which weekends and holidays are omitted?
Section 78(5) excludes Saturdays, Sundays and public holidays for periods of7 days or less, using the place where the act must be done.
Arbitration Act 1996 section 78Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Arbitration Act 1996 section 17 | Check the identified procedure, event, counting rule or qualification |
| Arbitration Act 1996 section 78 | Check the identified procedure, event, counting rule or qualification |
| Arbitration Act 1996 section 79 | Check the identified procedure, event, counting rule or qualification |
| Arbitration Act 2025 section 17 | Check the identified procedure, event, counting rule or qualification |
| SI 2025/905 regulation 2 | Check the identified procedure, event, counting rule or qualification |