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10th edition of the Commercial Court Guide published

The following Arbitration news provides comprehensive and up to date legal information on 10th edition of the Commercial Court Guide published

Three international arbitration trends to watch in 2021

The following Arbitration news provides comprehensive and up to date legal information on Three international arbitration trends to watch in 2021

USA—threshold question of whether parties bound by arbitration agreements remanded to lower court (Petroleos Mexicanos v Executive Mfe Aviation)

The following Arbitration news provides comprehensive and up to date legal information on USA—threshold question of whether parties bound by arbitration agreements remanded to lower court (Petroleos Mexicanos v Executive Mfe Aviation)

Life sciences companies increasingly turning to arbitration

The following Arbitration news provides comprehensive and up to date legal information on Life sciences companies increasingly turning to arbitration

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...

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...

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...

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...

Practice notes

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...

Produced in partnership with Simmons & Simmons LLP 12th Jan

Practice notes

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...

Produced in partnership with Ben Sanderson 12th Jan

Practice notes

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...

Produced in partnership with Shawn Kirby of Wikborg Rein 12th Jan

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

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

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

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

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 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 Jurisdiction and applicable law content

Precedents

Anti-suit injunction in support of arbitration—arbitration claim form

This Precedent claim form, with accompanying Drafting Notes, is for making an anti-suit injunction application to restrai...

Produced in partnership with Latham and Watkins LLP 8th Jan

Practice notes

Anti-suit injunctions in support of arbitration (England and Wales)

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...

Produced in partnership with Latham & Watkins LLP 8th Jan

Practice notes

State immunity in proceedings relating to arbitration (England & Wales)

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

Produced in partnership with Sudhanshu Swaroop QC of 20 Essex Street 8th Jan

Precedents

Case study—challenging jurisdiction by non-participation (AA 1996, s 72)—arbitration claim form

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...

Produced in partnership with Ben Sanderson 8th Jan

Precedents

Anti-suit injunction in support of arbitration—supporting witness statement

Claimant[[insert number of witness statement eg First]] witness statement of [Insert witness name]Exhibits: [Insert exhibit reference]Date on which...

Produced in partnership with Latham and Watkins LLP 8th Jan

Practice notes

Anti-suit injunctions—principles

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...

Produced in partnership with Nicolas Pointon and Michelle Radom of Clyde and Co 8th Jan

Practice notes

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...

Produced in partnership with Charles Spragge of Druces 8th Jan

Precedents

Case study—challenging jurisdiction by non-participation (AA 1996, s 72)—witness statement

Claimant[insert number of witness statement] witness statement of [Insert witness name]Exhibits: [Insert exhibit reference]Date on which the statement...

Produced in partnership with Ben Sanderson 8th Jan

Practice notes

AA 1996—challenging jurisdiction by non-participation (s 72)

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...

Produced in partnership with Latham and Watkins LLP 8th Jan

Practice notes

Law of the arbitration agreement (England and Wales)

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...

Produced in partnership with Charles Spragge of Druces 8th Jan

Precedents

Case study—challenging jurisdiction by non-participation (AA 1996, s 72)

The case study This case study illustrates how parties may approach an application pursuant to section 72 of the Arbitration Act 1996...

8th Jan

Precedents

Anti-suit injunction in support of arbitration—draft order

Claim No: [Insert details]In the high court of justicebusiness and property courts of england and walesCommercial court (QBD)ORClaim No: [Insert...

Produced in partnership with Latham and Watkins LLP 8th Jan

Practice notes

AA 1996—challenging an arbitral tribunal’s jurisdiction pre-award (ss 31 and 32)

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...

Produced in partnership with Latham and Watkins LLP 8th Jan

Practice notes

Anti-arbitration injunctions (England and Wales)

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...

Produced in partnership with Simmons & Simmons LLP 8th Jan

Practice notes

Substantive law of the dispute in arbitration (England and Wales)

This Practice Note considers the laws an arbitral tribunal, seated in England and Wales (England and English are used as convenient shorthand) or...

Produced in partnership with Charles Spragge of Druces 8th Jan

Practice notes

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

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...

Produced in partnership with Professor Robert Merkin, Leigh-Ann Mulcahy QC and Tetyana Nesterchuk of Fountain Court Chambers 8th Jan

Practice notes

AA 1996—challenging an arbitral tribunal's jurisdiction in court (pre-award)—procedure (s 32)

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...

Produced in partnership with Latham and Watkins LLP 8th Jan

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...

31st Dec

Practice notes

Anti-enforcement injunctions

Brexit: The UK's departure from the EU has implications for practitioners considering the recognition and enforcement of judgments. For guidance, see...

24th Dec

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...

24th Dec