04/03/2026
Arbitration can be an efficient way to resolve commercial disputes—especially in cross-border contracts where enforcement matters 🌍
But English law draws an important line between disputes that are arbitrable and those that are non-arbitrable (reserved for courts/tribunals due to public rights, statutory regimes, status issues, or public policy).
Here are a few practical takeaways if you’re drafting (or relying on) an arbitration clause 🧩👇
➡Not everything fits arbitration: criminal liability and many public/regulatory matters generally can’t be decided by an arbitral tribunal.
➡Status and collective procedures matter: many status issues and core insolvency proceedings (like winding-up petitions) often require court supervision.
➡Consumers and employees have protections: mandatory arbitration clauses may be limited or unenforceable in some situations.
➡Company disputes can be complex: some shareholder/corporate remedies may need court powers or affect third parties.
➡Careful drafting can reduce the risk of costly jurisdiction disputes and delays ✅
🔷Read more: https://imdcorporate.co.uk/bez-kategorii/what-disputes-cannot-be-resolved-by-arbitration/