Jurisdiction and applicable law

Jurisdiction and applicable law guidance:

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

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 under section 31 of...

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

This Practice Note considers the ability of parties to arbitral proceedings to challenge awards on grounds of lack of substantive jurisdiction before the courts of...

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

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

Practice Note

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering enforcement. For guidance, see Cross border...

Practice Note

Produced in partnership with Latham and Watkins LLP Anti-suit injunction application Close Arbitration claim form (drafting notes)Draft anti-suit injunction claim...

Precedents

Produced in partnership with Latham and Watkins LLP Claim No: [Insert details] In the high court of justice business and property courts of england and wales Commercial...

Precedents

Produced in partnership with Latham and Watkins LLP BREXIT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the...

Precedents

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have jurisdiction to determine a...

Practice Note

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

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

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross...

Practice Note

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have jurisdiction to determine a...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross...

Practice Note

The case study This case study illustrates how parties may approach an application pursuant to section 72 of the Arbitration Act 1996 (AA 1996) for a ruling on whether...

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 1996 (AA 1996)...

Precedents

Claimant: J Smith First Exhibit: JS1 [Date] IN THE HIGH COURT BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES QUEEN’S BENCH DIVISION COMMERCIAL COURT CLAIM NO [Claim...

Precedents

1 Governing law This agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation [(including non-contractual disputes or...

Precedents

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

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross...

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

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have jurisdiction to determine 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

1 Jurisdiction—reciprocal The parties irrevocably agree that the courts of [England and Wales OR [insert details of alternative jurisdiction]] shall have [exclusive OR...

Precedents

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