Jurisdiction and applicable law

Jurisdiction and applicable law guidance:

This Practice Note considers the bases on which a tribunal’s substantive jurisdiction can be challenged before an award is made pursuant to the Arbitration Act 1996 (AA...

Practice Note

Grounds for challenging jurisdiction by non–participation—AA 1996, s 72 Pursuant to section 72 of the Arbitration Act 1996 (AA 1996), a party who takes no part in the...

Practice Note

The tribunal's substantive jurisdiction Unless otherwise agreed by the parties, it is for the tribunal to rule on its own 'substantive jurisdiction' (section 30(1) of the...

Practice Note

This Practice Note considers the general procedure for commencing arbitration claims before the English and Welsh courts under the Arbitration Act 1996 (AA 1996) (English...

Practice Note

Despite parties including arbitration clauses in their substantive contracts, when disputes arise one of the parties may decide that it no longer wishes to arbitrate. In...

Practice Note

A party may wish to obtain an anti-arbitration injunction where an arbitration has been commenced by a counterparty in breach of an agreed dispute resolution process, for...

Practice Note

What is an anti-enforcement injunction? The English courts, under common law, have a jurisdiction to restrain a party from commencing or continuing proceedings before a...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...

Practice Note

Restraining breach of an arbitration agreement As a private, consensual process, disputes subject to arbitration are to be determined by the appointed tribunal, not the...

Practice Note

This Practice Note looks at which laws an arbitral tribunal, seated in England and Wales or Northern Ireland, should apply when making its substantive award and what...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...

Practice Note

This Practice Note considers the impact on arbitration of the provisions within Regulation (EU) 1215/2012, Brussels I (recast) found in Article 1(2)(d) and recital 12....

Practice Note

ARCHIVED: This Practice Note explains the arbitration exclusion in Brussels I and considers the provisions in Brussels I (recast). It also explores whether courts have...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note looks at the exclusion of arbitration from the scope of Brussels I. In doing so...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is intended to act as a guide to the main changes implemented through the recast...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. The Hague Convention on Choice...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. The Hague...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...

Practice Note

This Practice Note aims to give an indication of the large variety of jurisdictional issues that may arise in arbitration, but cannot be an exhaustive list. In this...

Practice Note

The law of the arbitration agreement The arbitration agreement is most typically evidenced by a clause within a contract, though it may also be drafted in a stand-alone...

Practice Note

The procedural law of the arbitral proceedings The procedural law of an international arbitration is often referred to as the 'lex arbitri', or, to use the equivalent...

Practice Note

This Practice Note addresses state immunity from civil proceedings in the courts of the UK, in particular proceedings relating to arbitration. The general rule (subject...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. Practical implications of West Tankers In summary, the effect of the West Tankers story (so far) is:...

Practice Note