Arbitration under the Arbitration Act 1996

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Latest Arbitration News

Singapore—application to set aside SIAC award for breach of natural justice due to tribunal’s unanticipated reasoning dismissed (CIM v CIN)

The following Arbitration news provides comprehensive and up to date legal information on Singapore—application to set aside SIAC award for breach of natural justice due to tribunal’s unanticipated reasoning dismissed (CIM v CIN)

The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

The following Arbitration news provides comprehensive and up to date legal information on The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

USA—petition to enjoin second JAMS arbitration refused; tribunal to determine whether second arbitration collateral attack on first arbitration award (Credit Suisse AG v Graham)

Trial witness statements in the English courts and arbitration—CPR PD 57AC

The following Arbitration news provides comprehensive and up to date legal information on Trial witness statements in the English courts and arbitration—CPR PD 57AC

Featured Arbitration content

Arbitration agreements—definition, purpose and interpretation

This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of...

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined...

Institutional arbitration—an introduction to the key features of institutional arbitration

What is institutional arbitration?An institutional arbitration is one that is administered by an institution agreed upon by the parties and conducted...

Umbrella clauses in investment treaty arbitration

What is an umbrella clause?An umbrella clause (known also as an umbrella agreement or an observance of undertakings clause) is a provision in a...

Practice notes

Arbitrability in international arbitration

It is considered a general principle that arbitration may be used to resolve almost any type of claim or dispute concerning legal rights. This has...

9th Nov

Practice notes

The seat of the arbitration

This Practice Note considers the key concept of the seat of an arbitration, with a particular focus on the law of England and Wales and Northern...

Produced in partnership with Peter McQueen 12th Jan

Practice notes

Evidence in international arbitration—the IBA Rules on the Taking of Evidence in International Arbitration

The IBA Rules on the Taking of Evidence in International Arbitration 2010 (the IBA Rules) are routinely adopted in international arbitration...

Produced in partnership with 39 Essex Chambers 12th Jan

Practice notes

SCC Rules (2017)—introduction and structure

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

Produced in partnership with Vinge 12th Jan

Precedents

Redfern schedule—arbitration

Example Redfern scheduleSet out below is an example of a Redfern schedule of the type commonly used for the exchange of requests for documentation...

Produced in partnership with Simmons & Simmons LLP 12th Jan

Practice notes

Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and...

Produced in partnership with Simmons & Simmons LLP 12th Jan

Practice notes

Arbitral awards—types and requirements

Note: some of the guidance in this Practice Note was developed from content originally produced in partnership with CMS.This Practice Note considers...

Produced in partnership with Farrer & Co 12th Jan

Practice notes

Maritime arbitration—an introduction

Maritime arbitration is a recognised branch of dispute resolution in international trade and commerce.Maritime affairs to which consensually agreed...

Produced in partnership with Peter McQueen 12th Jan

Practice notes

Revised ICC Arbitration Rules for 1 January 2012 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.The International Chamber of Commerce Arbitration Rules 2012 are referred to as...

9th Nov

Practice notes

Investment treaty arbitration—an introduction

STOP PRESS: This Practice Note is being reviewed in light of the 5 May 2020 agreement by most EU Member States to terminate their intra-EU bilateral...

Produced in partnership with Joe Tirado, Partner of Garrigues UK LLP and Elisa Vicente, Senior Associate of J&A Garrigues, S. L. P. 12th Jan

Practice notes

Insurance and reinsurance arbitration—an introduction

Arbitrations arising from insurance and reinsurance disputes share many common features with other types of commercial arbitration. This Practice Note...

Produced in partnership with Ralph Morley of 7KBW 12th Jan

Practice notes

Hong Kong—example arbitration clauses

This Practice Note provides examples of two arbitration clauses or agreements (one for ad hoc arbitration and one for arbitration administered by the...

9th Nov

Practice notes

International arbitration—an introduction to the key features of international arbitration

This Practice Note provides an introduction to some of the key features of international arbitration. Practice Note: Arbitration—an introduction to...

Produced in partnership with Thirty Nine Essex Street 12th Jan

Practice notes

Arbitration agreements—the doctrine of separability (England and Wales)

This Practice Note considers the doctrine of separability under the law of England and Wales (England and English are used as shorthand throughout)....

9th Nov

Practice notes

Partial awards in arbitration

Parties to an arbitration may wish to make an application to the arbitral tribunal for an award to be made on a specific issue that forms part of the...

Produced in partnership with CMS 12th Jan

Practice notes

International arbitration clauses—ad-hoc

Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts....

Produced in partnership with Peter McQueen 12th Jan

Most recent Arbitration under the Arbitration Act 1996 content

Practice notes

AA 1996—stay of court proceedings to enable arbitration (s 9)

This Practice Note considers applications to the courts of England and Wales (England and English are used as convenient shorthand) to stay litigation...

Produced in partnership with Professor Robert Merkin, Leigh-Ann Mulcahy QC and Tetyana Nesterchuk of Fountain Court Chambers 13th Apr

Practice notes

Anti-enforcement injunctions

This Practice Note looks at the use of anti-enforcement injunctions or anti-enforcement orders. This is a form of injunctive relief available under...

12th Apr

Practice notes

Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses

Many contracts contain dispute resolution clauses which provide an alternative to a straightforward agreement to resolve any disputes that arise by...

12th Apr

Practice notes

AA 1996—challenging the award on grounds of serious irregularity (s 68)

AA 1996, s 68—what does the section provide?A party to arbitration proceedings may (on notice to the other parties and to the tribunal) apply to the...

12th Apr

Practice notes

Arbitration—data protection and GDPR considerations

On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...

Produced in partnership with Charlie Morgan of Herbert Smith Freehills 9th Apr

Practice notes

The effect of West Tankers in arbitration [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. Practical implications of West TankersIn summary, the effect of the West Tankers...

9th Apr

Practice notes

Jurisdictional issues arising in international arbitration

This Practice Note provides an introduction to some of the jurisdictional issues that may arise in international arbitration proceedings and could...

9th Apr

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

8th Apr

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 8th Apr

Practice notes

Instructing an expert under the Guidance for the instruction of experts in civil claims

This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...

8th Apr

Practice notes

Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...

Produced in partnership with Aileen McErlean of Hardwicke Chambers 8th Apr

In-house

Practice notes

Contract interpretation—rules of contract interpretation

This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms)...

8th Apr

In-house

Practice notes

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?

This Practice Note discusses:•the effect of an insolvency process on pending court proceedings in which the debtor, bankrupt or insolvent company is a...

8th Apr

Practice notes

Unilateral option clauses—review of selected jurisdictions

This Practice Note provides a survey of the treatment of unilateral option clauses in the following jurisdictions: China, England and Wales, France,...

Produced in partnership with Latham & Watkins 8th Apr

Practice notes

Unilateral option clauses—an introduction

Unilateral option clauses definedUnilateral option clauses are dispute resolution clauses in agreements that grant one party or a group of parties...

Produced in partnership with Latham & Watkins 8th Apr

Practice notes

Arbitration agreements—content

This Practice Note considers the content of the arbitration agreement with particular focus on the position under English and Welsh law (England and...

8th Apr

Practice notes

AA 1996—starting an arbitration

This Practice Note provides guidance on commencing arbitral proceedings under the Arbitration Act 1996 (AA 1996).Prior to starting the...

8th Apr

Precedents

Confidentiality agreement—arbitration

This confidentiality Agreement is made on [date]Parties1[Name of entity], a [type of entity] with [type of liability] incorporated under the laws of...

Produced in partnership with Latham & Watkins 8th Apr

Q&As

Can a dispute resolution clause in a B2B contract provide an option for one or both parties to elect to refer a dispute under the contract to either arbitration or litigation?

Contracts often contain dispute resolution clauses which provide an alternative to a straightforward agreement to resolve any disputes that arise by...

8th Apr

Q&As

Can a multi-tier dispute resolution (DR) clause provide for mediation between the parties in one location followed by in the absence of settlement of the dispute and arbitration in another location? Can a DR clause provide for arbitration and court litigation?

Multi-tier dispute resolution clausesContractual parties are free to agree, subject to relevant law governing validity/enforceability, that relevant...

8th Apr