Jurisdiction and applicable law

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Practice notes
What is institutional arbitration?An institutional arbitration is one that is administered by an institution agreed upon by the parties and conducted...
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Produced in partnership with Simmons & Simmons LLP 12th Jan
Practice notes
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...
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Produced in partnership with Ben Sanderson 12th Jan
Practice notes
The London Maritime Arbitrators Association (LMAA) Terms 2017 (the Terms) apply to arbitrations commenced on or after 1 May 2017 where the parties...
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Produced in partnership with Shawn Kirby of Wikborg Rein 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Peter McQueen 12th Jan
Practice notes
The IBA Rules on the Taking of Evidence in International Arbitration 2010 (the IBA Rules) are routinely adopted in international arbitration...
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Produced in partnership with 39 Essex Chambers 12th Jan
Practice notes
CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...
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Produced in partnership with Vinge 12th Jan
Precedents
Example Redfern scheduleSet out below is an example of a Redfern schedule of the type commonly used for the exchange of requests for documentation...
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Produced in partnership with Simmons & Simmons LLP 12th Jan
Practice notes
Note: some of the guidance in this Practice Note was developed from content originally produced in partnership with CMS.This Practice Note considers...
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Produced in partnership with Farrer & Co 12th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.The International Chamber of Commerce Arbitration Rules 2012 are referred to as...
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9th Nov
Practice notes
Arbitrations arising from insurance and reinsurance disputes share many common features with other types of commercial arbitration. This Practice Note...
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Produced in partnership with Ralph Morley of 7KBW 12th Jan
Practice notes
This Practice Note provides examples of two arbitration clauses or agreements (one for ad hoc arbitration and one for arbitration administered by the...
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9th Nov
Practice notes
This Practice Note provides an introduction to some of the key features of international arbitration. Practice Note: Arbitration—an introduction to...
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Produced in partnership with Thirty Nine Essex Street 12th Jan
Practice notes
In many jurisdictions, there are relatively few substantive differences between pursuing international arbitration or domestic arbitration...
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9th Nov
Practice notes
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...
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Produced in partnership with CMS 12th Jan
Practice notes
Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts....
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Produced in partnership with Peter McQueen 12th Jan

Most recent Jurisdiction and applicable law content

Precedents
This Precedent claim form, with accompanying Drafting Notes, is for making an anti-suit injunction application to restrai...
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Produced in partnership with Latham and Watkins LLP 8th Jan
Practice notes
IP COMPLETION DAY: 11:00 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Latham & Watkins LLP 8th Jan
Practice notes
This Practice Note addresses state immunity from civil proceedings in the courts of the UK, in particular proceedings relating to arbitration. The...
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Produced in partnership with Sudhanshu Swaroop QC of 20 Essex Street 8th Jan
Precedents
For the sample case study arbitration claim form, see the link on the right hand side.The key issues when drafting a section 72 of the Arbitration Act...
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Produced in partnership with Ben Sanderson 8th Jan
Precedents
Claimant[[insert number of witness statement eg First]] witness statement of [Insert witness name]Exhibits: [Insert exhibit reference]Date on which...
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Produced in partnership with Latham and Watkins LLP 8th Jan
Practice notes
This Practice Note explains anti-suit injunctions. It looks at the timing of an application for anti-suit injunction and the requirements not to delay...
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Produced in partnership with Nicolas Pointon and Michelle Radom of Clyde and Co 8th Jan
Practice notes
This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined...
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Produced in partnership with Charles Spragge of Druces 8th Jan
Precedents
Claimant[insert number of witness statement] witness statement of [Insert witness name]Exhibits: [Insert exhibit reference]Date on which the statement...
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Produced in partnership with Ben Sanderson 8th Jan
Practice notes
Grounds for challenging jurisdiction by non–participation—AA 1996, s 72Pursuant to section 72 of the Arbitration Act 1996 (AA 1996), a party who takes...
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Produced in partnership with Latham and Watkins LLP 8th Jan
Practice notes
This Practice Note discusses the concept of the law of the arbitration agreement and how this law is determined under the law of England and Wales...
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Produced in partnership with Charles Spragge of Druces 8th Jan
Precedents
The case study This case study illustrates how parties may approach an application pursuant to section 72 of the Arbitration Act 1996...
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8th Jan
Precedents
Claim No: [Insert details]In the high court of justicebusiness and property courts of england and walesCommercial court (QBD)ORClaim No: [Insert...
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Produced in partnership with Latham and Watkins LLP 8th Jan
Practice notes
IP COMPLETION DAY: 11:00 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Latham and Watkins LLP 8th Jan
Practice notes
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...
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Produced in partnership with Simmons & Simmons LLP 8th Jan
Practice notes
This Practice Note considers the laws an arbitral tribunal, seated in England and Wales (England and English are used as convenient shorthand) or...
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Produced in partnership with Charles Spragge of Druces 8th Jan
Practice notes
STOP PRESS: This Practice Note is being reviewed in light of IS Prime Ltd v TF Global Markets (UK) Ltd and other companies [2020] EWHC 3375 (Comm) and...
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Produced in partnership with Professor Robert Merkin, Leigh-Ann Mulcahy QC and Tetyana Nesterchuk of Fountain Court Chambers 8th Jan
Practice notes
A party wishing to challenge an arbitral tribunal’s substantive jurisdiction over a dispute prior to an award being issued can do so to the tribunal...
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Produced in partnership with Latham and Watkins LLP 8th Jan
Practice notes
This Practice Note provides an introduction to some of the jurisdictional issues that may arise in international arbitration proceedings and could...
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31st Dec
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering the recognition and enforcement of judgments. For guidance, see...
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24th Dec
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. Practical implications of West TankersIn summary, the effect of the West Tankers...
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24th Dec

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