International arbitration agreements

Arbitration agreements—requirements of the New York Convention

This Practice Note sets out the requirements specified in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) for a valid arbitration agreement pursuant to Article II of the New York Convention. It also considers the enforcement of arbitration agreements pursuant to Article II(3) of the New York Convention.

See Practice Note: Arbitration agreements—requirements of the New York Convention.

Arbitration agreements—definition, purpose, the ‘in writing’ requirement and content

While largely focused on the position under the law of England & Wales, the following Practice Notes will be of interest and use for those considering international arbitration agreements:

  1. Arbitration agreements—definition, purpose and interpretation

  2. Arbitration agreements—the in writing requirement

  3. Arbitration agreements—content

Arbitrability in international arbitration

This Practice Note discusses what matters are ‘arbitrable’ in an international context including which laws determine the question of arbitrability. It covers the position under English law and relevant provisions in the New York Convention and UNCITRAL Model Law. The Practice Note also discusses when the issue of arbitrability should be raised.

See Practice Note: Arbitrability

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Third party costs—Court of Appeal confirms stay pending detailed assessment is case management decision (Federal Republic of Nigeria v VR Global Partners LP)

Dispute Resolution analysis: The Court of Appeal has upheld the decision of a judge at first instance to stay an application for a third-party costs order under section 51 of the Senior Courts Act 1981 until after the conclusion of the detailed assessment of the underlying bill of costs. Dismissing Nigeria’s appeal, the Court of Appeal held that there is no presumption that a third-party costs application should be determined before a detailed assessment. The question is purely one of case management, to be decided in accordance with the interests of justice and the overriding objective. The decision, being within the scope of discretion allowed a judge, was not amenable to appeal; that a different judge would have reached a different conclusion was not in point. Where there is a real question whether any further sum will be payable following assessment (particularly where a substantial payment on account has already been made and costs are to be assessed on the standard basis), it is legitimate to stay the third party application to avoid wasting court resources on what may prove to be a pointless satellite exercise. Of general and at least equal significance to costs practitioners were the Court of Appeal’s strong comments (obiter dicta in strict terms) deprecating disproportionate detailed assessment processes and endorsing the use of sampling as a case management tool in cases involving very significant bills of legal costs. Written by Lauren Godfrey, barrister at Gatehouse Chambers.

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