On a functional basis alone, it surely merits codification. The difficulties of negotiating a harmonized definition at the international level cannot explain the lack of mention in the 1996 Act. The issue of arbitrability has been developed through the case law in the English jurisdiction and from the above survey, it is evident that this provides a somewhat threadbare indication of its scope. Given the restricted nature of the drafting process involved in the 1996 Act as compared with the Model Law, it is submitted that formulating a precise definition as well as clearly defining its scope would have been straightforward and, indeed, beneficial. The absence of definition under the UK Arbitration Act and the Model Law is problematic and is likely to become more so with the increasingly autonomous status that arbitration is gaining relative to litigation.