Jurisdiction and applicable laws

View Arbitration by content type:

News

Practice notes

Precedents

Q&As

Latest Arbitration News

USA—Fourth Circuit overrules stay of Section 1782 application (Servotronics v The Boeing Company)

The following Arbitration news provides comprehensive and up to date legal information on USA—Fourth Circuit overrules stay of Section 1782 application (Servotronics v The Boeing Company)

USA—Tenth Circuit affirms award in gold mine control dispute (Goldgroup Resources v DynaResource)

The following Arbitration news provides comprehensive and up to date legal information on USA—Tenth Circuit affirms award in gold mine control dispute (Goldgroup Resources v DynaResource)

USA—stay of Section 1782 application pending Supreme Court decision (In re: Application of Servotronics)

The following Arbitration news provides comprehensive and up to date legal information on USA—stay of Section 1782 application pending Supreme Court decision (In re: Application of Servotronics)

Delhi High Court’s verdict on enforceability of emergency awards in India (Amazon v Future Coupons)

The following Arbitration news provides comprehensive and up to date legal information on Delhi High Court’s verdict on enforceability of emergency awards in India (Amazon v Future Coupons)

Featured Arbitration content

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...

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...

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 Jurisdiction and applicable laws content

Practice notes

The effect of West Tankers in arbitration [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. Practical implications of West TankersIn summary, the effect of the West Tankers...

9th Apr

Practice notes

Jurisdictional issues arising in international arbitration

This Practice Note provides an introduction to some of the jurisdictional issues that may arise in international arbitration proceedings and could...

9th Apr

Practice notes

Challenging arbitral jurisdiction and anti-suit measures in Australia

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

Produced in partnership with Jo Delaney of Baker McKenzie 8th Apr

Practice notes

Anti-suit injunctions in support of arbitration (England and Wales)

This Practice Note considers anti-suit injunctions (or ASI(s)) issued by the courts of England and Wales (England and English are used as shorthand)...

Produced in partnership with Latham & Watkins 1st Apr

Practice notes

Anti-arbitration injunctions (England and Wales)

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...

Produced in partnership with Simmons & Simmons 1st Apr

Practice notes

Challenging jurisdiction and anti-suit provisions in Russia

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

Produced in partnership with Lidings 29th Mar

Practice notes

Anti-suit injunctions in support of international arbitration in New York

This Practice Note considers the availability of anti-suit injunctions in support of arbitration from New York courts. References to US judgments are...

Produced in partnership with Carlos Ramos-Mrosovsky of Alston & Bird 19th Mar

Practice notes

Challenging jurisdiction and anti-suit provisions in Canada

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

Produced in partnership with George Karayannides of Clyde & Co 19th Mar

Practice notes

Challenging arbitral jurisdiction and anti-suit injunctions in the United Arab Emirates (UAE)

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

Produced in partnership with Sholto Hanvey and Nazanin Aleyaseen of K&L Gates 17th Mar

Practice notes

Stay of proceedings in favour of arbitration in Singapore

Singapore’s dual arbitration regimeSingapore has a dual arbitration regime (as discussed in Dalian Hualiang Enterprise Group Co Ltd v Louis Dreyfus...

Produced in partnership with Shaun Lee and Low Zhe Ning of Bird & Bird ATMD LLP 16th Mar

Practice notes

Challenging arbitral jurisdiction and anti-suit injunctions in support of arbitration in Singapore

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

Produced in partnership with Peter Doraisamy, Andrew Lee and Nicole Kwan of Peter Doraisamy LLC 16th Mar

Practice notes

Challenging jurisdiction and anti-suit provisions in China

This Practice Note considers challenges to the jurisdiction of arbitral tribunals under the Arbitration Law of the People’s Republic of China (PRC)...

Produced in partnership with Arthur Dong of AnJie Law Firm 12th Mar

Practice notes

Challenge to jurisdiction and anti-suit injunctions in India

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

Produced in partnership with Moazzam Khan of Nishith Desai Associates and Shweta Sahu of Nishith Desai Associates 12th Mar

Practice notes

Challenging the tribunal’s jurisdiction in Sweden

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

Produced in partnership with Jesper Tiberg of Westerberg 10th Mar

Practice notes

Substantive law of the dispute in arbitration (England and Wales)

This Practice Note considers the laws an arbitral tribunal should apply when making its substantive award, and what rules it should follow to...

Produced in partnership with Giles Robertson of Fountain Court 10th Mar

Practice notes

Challenging arbitral jurisdiction and anti-suit injunctions in France

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

Produced in partnership with Xavier Nyssen, partner, and Emile Hu, associate, international arbitration, Dechert LLP 9th Mar

Practice notes

Challenging jurisdiction and anti-suit provisions in Austria

This Practice Note considers challenging arbitral jurisdiction and the availability of anti-suit relief under Austrian law.Note: The decisions of the...

Produced in partnership with Dr Andres Reiner and Tamara Manasijevic of ARP (Vienna) 9th Mar

Precedents

Anti-suit injunction in support of arbitration—supporting witness statement

Claimant[[insert number of witness statement eg First]] witness statement of [Insert witness name]Exhibits: [Insert exhibit reference]Date on which...

Produced in partnership with Latham & Watkins 5th Mar

Precedents

Anti-suit injunction in support of arbitration—arbitration claim form

This Precedent claim form, with accompanying Drafting Notes, is for making an anti-suit injunction application to restrai...

Produced in partnership with Latham & Watkins 5th Mar

Precedents

Anti-suit injunction in support of arbitration—draft order

Claim No: [Insert details]In the high court of justicebusiness and property courts of england and walesCommercial court (QBD)ORClaim No: [Insert...

Produced in partnership with Latham & Watkins 5th Mar

Jurisdiction and applicable laws

View Arbitration by content type:

Latest Arbitration News

USA—Fourth Circuit overrules stay of Section 1782 application (Servotronics v The Boeing Company)

USA—Tenth Circuit affirms award in gold mine control dispute (Goldgroup Resources v DynaResource)

USA—stay of Section 1782 application pending Supreme Court decision (In re: Application of Servotronics)

Delhi High Court’s verdict on enforceability of emergency awards in India (Amazon v Future Coupons)

Featured Arbitration content

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

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

Most recent Jurisdiction and applicable laws content

Popular documents

Contract interpretation—express terms in contracts

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Negative pledges

Third party rights—the common law doctrine of privity of contract

Contact Us

Popular Links

Policies

Follow us