The ACAS Arbitration Scheme (England and Wales) Order 2001

Requirements for entry into the Scheme

21.  Any agreement to submit a dispute to arbitration under the Scheme must satisfy the following requirements (an “Arbitration Agreement”):

(i) the agreement must be in writing;

(ii) the agreement must concern an existing dispute;

(iii) the agreement must not seek to alter or vary any provision of the Scheme;

(iv) the agreement must have been reached either:

(a) where a conciliation officer has taken action under section 18 of the Employment Tribunals Act 1996 (a “Conciliated Agreement”) or

(b) through a compromise agreement, where the conditions regulating such agreements under the Employment Rights Act 1996 are satisfied (a “Compromise Agreement”);

(v) the agreement must be accompanied by a completed Waiver Form for each party, in the form of Appendix A.