Arbitration in Ireland: An Overview

Ireland is a common law jurisdiction with a written, codified constitution. This legal tradition influences the arbitration process, including the treatment of evidence and the burden of proof.

The Act simplifies the arbitration process by providing a unified statutory framework for both domestic and international arbitration. This approach eliminates the need for separate procedures and ensures consistency in the application of arbitration rules.

Ireland has adopted the UNCITRAL Model Law, which applies unless parties agree to another set of rules. The most common arbitral institution to which referrals are made in Ireland is the International Court of Arbitration of the International Chamber of Commerce ("ICC"). Other specialist institutions include the Chartered Institute of Arbitrators ("CIArb") (with its All-Ireland Arbitration Rules, which also accommodate arbitrations seated in Northern Ireland under the UK's Arbitration Act 1996). 

Ireland has also seen growth in the use of the Court of Arbitration for Sport ("CAS") for sports disputes. Notably, UEFA, the governing body of European football, amended its Authorisation Rules Governing International Club Competitions in 2024, allowing Dublin to be the first and only alternative seat to Lausanne, Switzerland for CAS arbitration under UEFA's Authorisation Rules. 

The Act includes both mandatory and non-mandatory provisions. Mandatory provisions, such as the restriction of liability of arbitrators and the effect of awards, cannot be contracted out of by the parties.

In civil arbitration, the burden of proof lies with the claimant, who must prove its claim on the balance of probabilities. The approach to evidence, including disclosure and witness testimony, is flexible and can be determined by the parties or the tribunal.

Parties are free to agree on the procedure for party-appointed experts, who typically produce written reports and may be examined at an evidential hearing. The tribunal may also appoint experts to advise on technical matters and will routinely adopt the practice of "hot-tubbing" of experts to assist the Tribunal. 

Ireland is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), which facilitates the enforcement of arbitral awards across jurisdictions. An arbitral award, irrespective of the country in which it was made, is recognised as binding and enforceable by the Irish courts. The Irish courts are generally supportive of arbitration, and a mechanism for stays of court proceedings is often relied upon where a valid arbitration clause exists. 

There are limited grounds available for the setting aside or refusal to enforce an award. Arbitration matters are dealt with by the President of the High Court by way of a dedicated court list. In this regard, the enforcement process is relatively simple and cost-effective, akin to enforcing a judgment or order of the Irish High Court. A decision made by the Irish High Court on enforcement cannot be appealed.

The grounds for challenging an arbitral award in Ireland are limited to those listed in the UNCITRAL Model Law. For awards rendered in Ireland and which are being enforced in Ireland, no grounds of appeal are available. However, an application to set-aside the award may be made on very limited grounds, including jurisdictional issues, breaches of public policy, and procedural impropriety. The Irish courts have set high thresholds and strict limitation periods to set-aside an arbitration award rendered in Ireland, ensuring that challenges are only successful in cases of fundamental breaches. Challenges based on breaches of public policy, by way of example, must be made within 56 days of the circumstances giving rise to the challenge.