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Enforceability of foreign arbitral awards against bankrupt parties in Switzerland (Swiss Federal Tribunal 5A_910/2019)

The following Arbitration news provides comprehensive and up to date legal information on Enforceability of foreign arbitral awards against bankrupt parties in Switzerland (Swiss Federal Tribunal 5A_910/2019)

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)

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

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

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

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

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

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 Highlights and other developments content

Practice notes

Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the...

13th Apr

Brexit

Practice notes

Brexit post implementation period—considerations for dispute resolution practitioners

This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This...

12th Apr

Brexit

Practice notes

Brexit implementation period—taking of evidence [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules of taking of evidence as they will apply...

8th Apr

Brexit

Practice notes

Brexit implementation period—jurisdiction [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules for determining which court has...

8th Apr

Brexit

Practice notes

Brexit implementation period—applicable law [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules for determining the applicable law, also...

8th Apr

Brexit

Practice notes

Brexit implementation period—considerations for dispute resolution practitioners [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note provides information and guidance on the implementation period...

8th Apr

Brexit

Practice notes

Brexit implementation period—enforcement [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules of dealing with the recognition and...

8th Apr

Brexit

Practice notes

Coronavirus (COVID-19) implications for dispute resolution

This Practice Note aims to assist dispute resolution practitioners seeking to understand the fast-moving changes to civil court processes and...

8th Apr

COVID-19

Practice notes

Brexit implementation period—service of documents [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules of service as they will apply in the time...

8th Apr

Brexit

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and concepts with reference to the...

Produced in partnership with Dr. Kieran Laird of Gowling WLG 8th Apr

Brexit

Practice notes

Brexit timeline

On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29 March 2017,...

8th Apr

Brexit

Practice notes

The status of EU law in the UK after Brexit

This Practice Note provides background reading on the key forms and principles of EU law and legislation, examining the impact of Brexit on EU-derived...

Produced in partnership with Carl Gardner of Head of Legal 8th Apr

Brexit

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

Arbitral organisations and coronavirus (COVID-19)—practical impact

The table below summarises some of the key information regarding the practical impact of the coronavirus (COVID-19) pandemic on arbitration...

6th Apr

COVID-19

Practice notes

Brexit post implementation period—CPR changes

This Practice Note sets out the changes to the Civil Procedure Rules set out in The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019,...

6th Apr

Brexit

Practice notes

Brexit—introduction to the Withdrawal Agreement

The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At this point, the withdrawal period under Article 50 TEU...

Produced in partnership with Kieran Laird of Gowling WLG 11th Mar

Brexit

Practice notes

Remote hearings in international arbitration—a practical guide

It has become increasingly common in international arbitration for some aspects of the procedure to be conducted remotely, with some or all...

Produced in partnership with Steven P. Finizio of WilmerHale 10th Mar

Practice notes

Video-conferencing in international arbitration and mediation proceedings, Chapter 53 of International Commercial Arbitration Practice: 21st Century Perspectives (Updated) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. Practice Note: Remote hearings in international arbitration—a practical guide...

22nd Feb

COVID-19

Q&As

A key witness (expert or factual) cannot attend an in-person hearing scheduled for my arbitration over the next few months due to travel restrictions. How should I approach this issue vis-a-vis the witness, the client, the other side and the tribunal?

Clare Ambrose, Twenty EssexThe party’s representative should consult with the witness and the other side. It would be unusual if a solution cannot be...

15th Feb

COVID-19

Q&As