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Latest Arbitration News

Paris Court of Appeal annuls OIC award for irregular tribunal constitution via MFN procedure (Libya v DS Construction FZCO)

The following Arbitration news provides comprehensive and up to date legal information on Paris Court of Appeal annuls OIC award for irregular tribunal constitution via MFN procedure (Libya v DS Construction FZCO)

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)

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...

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...

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...

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

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

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

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

Most recent International arbitration agreements content

Practice notes

Unilateral option clauses—review of selected jurisdictions

This Practice Note provides a survey of the treatment of unilateral option clauses in the following jurisdictions: China, England and Wales, France,...

Produced in partnership with Latham & Watkins 8th Apr

Practice notes

Unilateral option clauses—an introduction

Unilateral option clauses definedUnilateral option clauses are dispute resolution clauses in agreements that grant one party or a group of parties...

Produced in partnership with Latham & Watkins 8th Apr

Practice notes

Arbitration agreements—content

This Practice Note considers the content of the arbitration agreement with particular focus on the position under English and Welsh law (England and...

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

Q&As

Can a multi-tier dispute resolution (DR) clause provide for mediation between the parties in one location followed by in the absence of settlement of the dispute and arbitration in another location? Can a DR clause provide for arbitration and court litigation?

Multi-tier dispute resolution clausesContractual parties are free to agree, subject to relevant law governing validity/enforceability, that relevant...

8th Apr

Practice notes

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...

1st Apr

Practice notes

Arbitration agreements—the in writing requirement

This Practice Note considers the ‘in writing’ requirement for arbitration agreements with a particular focus on arbitration agreements pursuant to the...

1st Apr

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 10th Mar

Practice notes

Choosing the seat of arbitration

The choice of the seat or legal place of the arbitration is one of the most important matters to be considered when drafting an international...

10th Mar

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 10th Mar

Practice notes

Multi-party and multi-contract arbitration—an introduction

This Practice Note considers how multiple party (multi-party) disputes and disputes concerning multiple contracts (multi-contract) are dealt with in...

4th Mar

Practice notes

Separability of arbitration agreements in international arbitration

This Practice Note considers the ‘doctrine of separability’ of arbitration agreements in international arbitration.The doctrine of separabilityThe...

Produced in partnership with Farrer & Co 1st Mar

Practice notes

Example institutional and ad hoc model arbitration clauses

While parties may decide to refer a dispute to arbitration after it has arisen (sometimes referred to as a submission agreement), it is more common...

1st Mar

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...

1st Mar

Practice notes

International arbitration clauses—example institutional clause

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 1st Mar

Precedents

HKIAC Administered Arbitration Rules—model clause

‘Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation,...

1st Mar

Practice notes

Arbitration agreements—requirements of the New York Convention

The New York Convention and arbitration agreementsThe Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York...

26th Feb

Practice notes

Capacity of parties to enter into arbitration agreements

This Practice Note considers the capacity of parties to enter into an arbitration agreement and to participate in arbitration proceedings.It is...

Produced in partnership with Irina Tymczyszyn of Tymczyszyn Arbitration 26th Feb

Practice notes

Model arbitration clauses

This Practice Note links to a broad range of model arbitration clauses from leading, and less well-known, arbitral institutions, organisations and...

26th Feb

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...

22nd Feb

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International arbitration agreements

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Latest Arbitration News

Paris Court of Appeal annuls OIC award for irregular tribunal constitution via MFN procedure (Libya v DS Construction FZCO)

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

Featured Arbitration content

Arbitration agreements—definition, purpose and interpretation

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

A quick guide to the arbitration process

Umbrella clauses in investment treaty arbitration

Most recent International arbitration agreements content

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