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Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties...

A quick guide to the arbitration process

This Practice Note provides a quick guide to the arbitration process while recognising that there is no set framework or order for arbitration...

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...

LMAA—costs

The London Maritime Arbitrators Association (LMAA) Terms 2017 (the Terms) apply to arbitrations commenced on or after 1 May 2017 where the parties...

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 9th Nov

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 9th Nov

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 9th Nov

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 9th Nov

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 9th Nov

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 9th Nov

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.A. 9th Nov

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 9th Nov

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 9th Nov

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

International arbitration—key differences between international and domestic arbitration

In many jurisdictions, there are relatively few substantive differences between pursuing international arbitration or domestic arbitration...

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 9th Nov

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 9th Nov

Most recent Costs content

Q&As

Where a party has been ordered to pay 50% costs before an award will be granted, how will the allocation of costs be dealt with by the arbitrator/tribunal in the award?

In answering this Q&A it has been assumed that it is a London-seated ad hoc arbitration conducted in accordance with the Arbitration Act 1996 (AA...

25th Nov

Q&As

To what extent do arbitral tribunals (governed by English law) apply the Halsey approach following a failure to mediate under a tiered dispute resolution clause?

The English courts have imposed costs sanctions on litigating parties who have unreasonably failed to mediate and one of the leading cases in this...

25th Nov

Q&As

What is the current position on the recoverability of success fees in arbitration?

Conditional fee agreements (CFAs) that incorporate success fees are a familiar funding mechanism. In a typical scenario, a claimant’s lawyer will...

25th Nov

Practice notes

AA 1996—costs and interest under the award

Under s 49(3) Arbitration Act 1996 (AA 1996), a tribunal has the power, absent any express agreement of the parties, to make an order for interest on...

Produced in partnership with CMS 20th Nov

Practice notes

AA 1996—starting arbitration claims in court

CORONAVIRUS (COVID-19): Due to the coronavirus (COVID-19) pandemic, ‘business as usual’ service in the courts of England and Wales may not be...

16th Oct

Practice notes

Third-party funding and arbitration

Third-party funding has seen increasing impetus across the globe, in the sphere of both litigation and arbitration.Third-party funding is nothing new...

Produced in partnership with Simmons & Simmons LLP 14th Oct

Practice notes

Security for claims in international arbitration

This Practice Note considers the availability of security for claims (or security for claim or security for a claim) in international arbitration...

Produced in partnership with Gitta Satryani of Herbert Smith Freehills and Elaine Wong of Herbert Smith Freehills 6th Oct

Practice notes

Interest on costs and damages in arbitration

This Practice Note considers the law and practice of awarding interest on damages and costs in international commercial arbitration proceedings,...

Produced in partnership with Stephenson Harwood 1st Oct

Practice notes

Costs in international arbitration

What are the costs incurred in international arbitration?The costs involved with resolving any dispute by international arbitration can be...

Produced in partnership with Ben Sanderson 1st Oct

Practice notes

AA 1996—security for costs—the tribunal

Security for costs in arbitration proceedingsThis Practice Note considers the arbitral tribunal’s power to order security for costs under the...

Produced in partnership with Stephenson Harwood 1st Oct

Practice notes

AA 1996—security in the amount of the award (s 70(7))

Challenges and appeals for error of law against arbitral awards to the court under sections 67, 68 and 69 of the Arbitration Act 1996 (AA 1996) have...

Produced in partnership with King & Spalding LLP 25th Sep

Practice notes

AA 1996—security for costs—the courts (s 70(6))

The English court and security for costs during arbitral proceedingsThe English court has no power to order security for costs during the arbitral...

25th Sep

Practice notes

AA 1996—costs

Understanding costsThe recovery of costs is an important part of most arbitrations. When considering applying to the tribunal for an award on costs,...

25th Sep