England and Wales · Arbitration and court procedure
What period and facts govern sole arbitrator joint appointment in England and Wales?
Not later than 28 days after service, where the section 16 default procedure applies. The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim.
- Period
- Not later than 28 days after service, where the section 16 default procedure applies
- Trigger
- Service of either party’s written request to make the joint appointment
- Rule
- Arbitration Act 1996 section 16
This sole arbitrator joint appointment 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 16. Not later than 28 days after service, where the section 16 default procedure applies. The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim. 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 sole arbitrator joint appointment in England and Wales?
Not later than 28 days after service, where the section 16 default procedure applies. The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim.
Responsible actor. Both parties appointing one arbitrator.
Service of either party’s written request to make the joint appointment
The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim.
Both parties appointing one arbitrator. Not later than 28 days after service, where the section 16 default procedure applies. The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim.
Arbitration Act 1996 section 16How does this provision count time?
- Not later than 28 days after service, where the section 16 default procedure applies
- Jointly appoint the sole arbitrator.
- The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim.
Section 78(1) and (2) preserves an agreed counting method for the applicable arbitral default. Section 78(3) begins an after-or-from period immediately after the identified date. The short-period exclusions in subsection (5) do not apply merely because a longer period ends on a weekend.
For sole arbitrator joint appointment, 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 16Which facts prevent one automatic date?
Arbitration Act 1996 section 16. Not later than 28 days after service, where the section 16 default procedure applies. The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim. 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.
Both parties appointing one arbitrator has records establishing service of either party’s written request to make the joint appointment. Not later than 28 days after service, where the section 16 default procedure applies. Jointly appoint the sole arbitrator. The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim. Establish all source facts before choosing a final date.
The proposed compliance period for sole arbitrator joint appointment meets a weekend, holiday or court-office closure. Section 78(1) and (2) preserves an agreed counting method for the applicable arbitral default. Section 78(3) begins an after-or-from period immediately after the identified date. The short-period exclusions in subsection (5) do not apply merely because a longer period ends on a weekend. For sole arbitrator joint appointment, 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.
The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim. Not later than 28 days after service, where the section 16 default procedure applies. The actual branch facts are not established by the raw catalog period. Jointly appoint the sole arbitrator. 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
- Both parties appointing one arbitrator. Jointly appoint the sole arbitrator.
- Controlling event and applicable agreement or order
- Service of either party’s written request to make the joint appointment. The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim.
- Source-specific counting and completion place
- Section 78(1) and (2) preserves an agreed counting method for the applicable arbitral default. Section 78(3) begins an after-or-from period immediately after the identified date. The short-period exclusions in subsection (5) do not apply merely because a longer period ends on a weekend. For sole arbitrator joint appointment, 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.
- Both parties appointing one arbitrator. Not later than 28 days after service, where the section 16 default procedure applies. The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim.
- Sole arbitrator joint appointment concerns both parties appointing one arbitrator and jointly appoint the sole arbitrator. The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim. Two-arbitrator party 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 sole arbitrator joint appointment in England and Wales?
What period applies to sole arbitrator joint appointment?
Not later than 28 days after service, where the section 16 default procedure applies. The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim.
Arbitration Act 1996 section 16Which actual event controls sole arbitrator joint appointment?
Service of either party’s written request to make the joint appointment. Both parties appointing one arbitrator must establish that event from the actual request, award, service or court records.
Arbitration Act 1996 section 16What act completes sole arbitrator joint appointment?
Jointly appoint the sole arbitrator. The agreed appointment procedure takes priority; expiry does not itself appoint an arbitrator or destroy the underlying claim.
Arbitration Act 1996 section 16Does the 28-day period override the arbitration agreement?
No. Section 16(1) permits an agreed appointment procedure; the statutory default applies only to the extent no such agreement exists.
Arbitration Act 1996 section 16Does a missed appointment automatically end the claim?
No. Section 18 addresses failure of the appointment procedure. A party must establish the applicable appointment machinery rather than infer claim extinction.
Arbitration Act 1996 section 18Does a late written request create a calendar-month period?
No. The statutory default is28 days after service of the request, not one calendar month after drafting or sending it.
Arbitration Act 1996 section 16Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Arbitration Act 1996 section 16 | Check the identified procedure, event, counting rule or qualification |
| Arbitration Act 1996 section 18 | 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 |