England and Wales · Arbitration and court procedure
What period and facts govern two-arbitrator party appointment in England and Wales?
Not later than 14 days after service under the default two-arbitrator procedure. A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline.
- Period
- Not later than 14 days after service under the default two-arbitrator procedure
- Trigger
- Service of either party’s written request to appoint
- Rule
- Arbitration Act 1996 section 16
This two-arbitrator party 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 14 days after service under the default two-arbitrator procedure. A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline. 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 two-arbitrator party appointment in England and Wales?
Not later than 14 days after service under the default two-arbitrator procedure. A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline.
Responsible actor. Each of the two parties required to appoint one arbitrator.
Service of either party’s written request to appoint
A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline.
Each of the two parties required to appoint one arbitrator. Not later than 14 days after service under the default two-arbitrator procedure. A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline.
Arbitration Act 1996 section 16How does this provision count time?
- Not later than 14 days after service under the default two-arbitrator procedure
- Appoint that party’s arbitrator.
- A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline.
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 two-arbitrator party 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 14 days after service under the default two-arbitrator procedure. A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline. 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.
Each of the two parties required to appoint one arbitrator has records establishing service of either party’s written request to appoint. Not later than 14 days after service under the default two-arbitrator procedure. Appoint that party’s arbitrator. A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline. Establish all source facts before choosing a final date.
The proposed compliance period for two-arbitrator party 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 two-arbitrator party 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.
A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline. Not later than 14 days after service under the default two-arbitrator procedure. The actual branch facts are not established by the raw catalog period. Appoint that party’s 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
- Each of the two parties required to appoint one arbitrator. Appoint that party’s arbitrator.
- Controlling event and applicable agreement or order
- Service of either party’s written request to appoint. A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline.
- 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 two-arbitrator party 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.
- Each of the two parties required to appoint one arbitrator. Not later than 14 days after service under the default two-arbitrator procedure. A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline.
- Two-arbitrator party appointment concerns each of the two parties required to appoint one arbitrator and appoint that party’s arbitrator. A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline. 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 two-arbitrator party appointment in England and Wales?
What period applies to two-arbitrator party appointment?
Not later than 14 days after service under the default two-arbitrator procedure. A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline.
Arbitration Act 1996 section 16Which actual event controls two-arbitrator party appointment?
Service of either party’s written request to appoint. Each of the two parties required to appoint one arbitrator must establish that event from the actual request, award, service or court records.
Arbitration Act 1996 section 16What act completes two-arbitrator party appointment?
Appoint that party’s arbitrator. A later section 17 notice and a subsequent discretionary appointment are distinct from this first appointment deadline.
Arbitration Act 1996 section 16Do both parties share one appointment?
No. Section 16(4) requires each party to appoint one arbitrator. It differs from the joint appointment of a sole arbitrator.
Arbitration Act 1996 section 16Does day 14 automatically make the other arbitrator sole arbitrator?
No. Section 17 requires the statutory default, a prior duly appointed arbitrator, written notice, a further clear-day period and an actual appointment.
Arbitration Act 1996 section 17What if the agreement supplies a different appointment process?
Section 16(1) and (2) preserve that process. Establish the operative agreed terms before using the statutory 14-day default.
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 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 |