Understanding arbitration under the Arbitration Act 1996

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Latest Arbitration News

Singapore—application to set aside SIAC award for breach of natural justice due to tribunal’s unanticipated reasoning dismissed (CIM v CIN)

The following Arbitration news provides comprehensive and up to date legal information on Singapore—application to set aside SIAC award for breach of natural justice due to tribunal’s unanticipated reasoning dismissed (CIM v CIN)

The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

The following Arbitration news provides comprehensive and up to date legal information on The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

USA—petition to enjoin second JAMS arbitration refused; tribunal to determine whether second arbitration collateral attack on first arbitration award (Credit Suisse AG v Graham)

Trial witness statements in the English courts and arbitration—CPR PD 57AC

The following Arbitration news provides comprehensive and up to date legal information on Trial witness statements in the English courts and arbitration—CPR PD 57AC

Featured Arbitration content

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...

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...

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 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

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 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

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 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

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. L. P. 12th Jan

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

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

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 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 Understanding arbitration under the Arbitration Act 1996 content

Practice notes

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?

This Practice Note discusses:•the effect of an insolvency process on pending court proceedings in which the debtor, bankrupt or insolvent company is a...

8th Apr

Q&As

Can a dispute resolution clause in a B2B contract provide an option for one or both parties to elect to refer a dispute under the contract to either arbitration or litigation?

Contracts often contain dispute resolution clauses which provide an alternative to a straightforward agreement to resolve any disputes that arise by...

8th Apr

Practice notes

Brexit—arbitration law and practice in England and Wales

This Practice Note considers key actual and potential legal and practical consequences of the UK’s withdrawal from the EU (Brexit) for arbitration law...

8th Apr

Brexit

Practice notes

Family arbitration—introduction

This Practice Note outlines the process of arbitration in family cases, which has been available for financial disputes since March 2012, and for...

Produced in partnership with Suzanne Kingston of Mills & Reeve 1st Apr

Practice notes

Arbitration and confidentiality at common law (England and Wales)

This Practice Note considers confidentiality and arbitration under the law of England and Wales (England and English are used as a convenient...

1st Apr

Practice notes

Mediation-arbitration (med-arb)—an introduction

This Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes.Med-arb is suitable for resolving a wide range...

Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall 1st Apr

Practice notes

AA 1996—court powers in support of arbitration—an introduction

This Practice Note provides an introduction to the powers the courts of England and Wales (England and English are used for convenience) have in...

Produced in partnership with Simmons & Simmons 1st Apr

Practice notes

Limitation periods in arbitration (England & Wales)

When advising whether to commence arbitration proceedings, it is important to ensure that limitation issues have been considered and that the claim or...

Produced in partnership with Ben Sanderson 1st Apr

Practice notes

The role of in-house counsel in international arbitration

This Practice Note considers the potentially broad role of in-house legal counsel in international arbitration proceedings and related matters.The...

Produced in partnership with Professor Ugo Draetta 1st Apr

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 39 Essex Chambers 1st Apr

Practice notes

A guide to the Arbitration Act 1996 (AA 1996)

For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient...

Produced in partnership with Stephenson Harwood 1st Apr

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...

1st Apr

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 1st Apr

Practice notes

Comparing arbitration and ADR

This Practice Note compares and contrasts, at a high level and in table form, the key differences between arbitration and other forms of alternative...

Produced in partnership with Simmons & Simmons 1st Apr

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 1st Apr

Q&As

Can an English court extend time to deliver an award?

Court powersThe English court has various powers which it may exercise in support of arbitration—see Practice Note: AA 1996—court powers in support of...

1st Apr

Practice notes

Foreign Limitation Periods Act 1984

Brexit: The UK's departure from the EU has significant implications for practitioners considering applicable law and jurisdiction issues. For...

Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 23rd Mar

Practice notes

Questions for potential arbitrators

This Practice Note considers the purpose and value in obtaining information on potential arbitrators. It sets out possible questions to consider...

Produced in partnership with Ben Giaretta of Fox Williams LLP 10th Mar

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 5th Mar

Practice notes

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...

Produced in partnership with Simmons & Simmons 5th Mar

Understanding arbitration under the Arbitration Act 1996

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Latest Arbitration News

Singapore—application to set aside SIAC award for breach of natural justice due to tribunal’s unanticipated reasoning dismissed (CIM v CIN)

The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

USA—petition to enjoin second JAMS arbitration refused; tribunal to determine whether second arbitration collateral attack on first arbitration award (Credit Suisse AG v Graham)

Trial witness statements in the English courts and arbitration—CPR PD 57AC

Featured Arbitration content

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

Institutional arbitration—an introduction to the key features of institutional arbitration

Umbrella clauses in investment treaty arbitration

LMAA—costs

Most recent Understanding arbitration under the Arbitration Act 1996 content

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Rescission of a contract

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