Jurisdiction and applicable laws

Jurisdiction and applicable laws guidance:

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 resolution process, for...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...

Practice Note

Restraining breach of an arbitration agreement As a private, consensual process, disputes subject to arbitration are to be determined by the appointed tribunal, not the...

Practice Note

A party that agrees to arbitrate future disputes may have second thoughts once a dispute actually arises, especially if it anticipates a more favourable outcome through...

Practice Note

This Practice Note looks at which laws an arbitral tribunal, seated in England and Wales or Northern Ireland, should apply when making its substantive award and what...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...

Practice Note

This Practice Note considers the impact on arbitration of the provisions within Regulation (EU) 1215/2012, Brussels I (recast) found in Article 1(2)(d) and recital 12....

Practice Note

ARCHIVED: This Practice Note explains the arbitration exclusion in Brussels I and considers the provisions in Brussels I (recast). It also explores whether courts have...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note looks at the exclusion of arbitration from the scope of Brussels I. In doing so...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of...

Practice Note

This Practice Note considers challenges to the jurisdiction of arbitral tribunals under the Indian Arbitration and Conciliation Act 1996 (ACA 1996), as amended, and...

Practice Note

This Practice Note sets out the procedure for challenging the jurisdiction of arbitral tribunals in French courts and the French perspective on anti-suit injunctions. Due...

Practice Note

Challenging the jurisdiction of the tribunal pre-award—the Singapore Arbitration Act and the Singapore International Arbitration Act Singapore has a dual...

Practice Note

Arbitration is a popular dispute resolution mechanism in the United Arab Emirates (UAE) and this is reflected in the UAE courts’ deference towards arbitration agreements....

Practice Note

This Practice Note addresses the following issues: • stay of court proceedings in favour of arbitration, • granting anti-suit injunctions by the Australian courts, and •...

Practice Note

For an introduction to arbitration in Qatar, see Practice Note: Arbitration in Qatar—an introduction. Challenging arbitral tribunal jurisdiction in Qatar—some background...

Practice Note

Arbitral tribunals may decide on their own jurisdiction to rule on a matter brought before them (the principle of Kompetenz-Kompetenz) under sections 817 and 819-ter of...

Practice Note

The framework for international arbitration in Canada Canada has adopted the 1985 United Nations Commission on International Trade Law (UNCITRAL) Model Law (the Model...

Practice Note

Challenging the jurisdiction of a Chinese arbitral institution to hear a matter always requires challenging the binding force of an arbitration agreement. Article 5 of...

Practice Note

This Practice Note considers issues relating to arbitral tribunal jurisdiction under Russian law. Note: the Russian court judgments referred to in this...

Practice Note

Arbitration in the BVI The BVI Arbitration Act 2013 (the BVI Act), effective 1 October 2014, is still in its infancy insofar as impact on BVI arbitration...

Practice Note

This Practice Note considers matters of tribunal jurisdiction under Swedish law. Tribunal’s power to determine its own jurisdiction If a party to an arbitration in Sweden...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is intended to act as a guide to the main changes implemented through the recast...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. The Hague Convention on Choice...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. The Hague...

Practice Note

Where one party has commenced arbitral proceedings in breach of an agreed dispute resolution process, such as where the arbitration has been commenced in the wrong seat...

Practice Note

Overview of challenging arbitral jurisdiction pre-award During the typical course of an arbitration, the parties to the arbitration may raise a range of objections in...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...

Practice Note

This Practice Note aims to give an indication of the large variety of jurisdictional issues that may arise in arbitration, but cannot be an exhaustive list. In this...

Practice Note