Jurisdiction and applicable laws

Jurisdiction and applicable laws guidance:

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Produced in partnership with Latham and Watkins LLP Anti-suit injunction application Close Arbitration claim form (drafting notes)Draft anti-suit injunction claim...

Precedents

Produced in partnership with Latham and Watkins LLP Claim No: [Insert details] In the high court of justice business and property courts of england and wales Commercial...

Precedents

Produced in partnership with Latham and Watkins LLP BREXIT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the...

Precedents

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have jurisdiction to determine a...

Practice Note

Anti-suit injunctions under Brazilian law Anti-suit injunctions are a mechanism used to restrain court and/or arbitral proceedings. In international arbitration, the term...

Practice Note

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

This Practice Note considers the availability of anti-suit injunctions in support of arbitration from New York courts. References to US judgments are not reported by...

Practice Note

One of the major differences between domestic arbitration and international arbitration is the need to consider which law applies to particular issues. In a domestic...

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

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross...

Practice Note

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have jurisdiction to determine a...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for...

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 arbitration...

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

Determination of jurisdiction by the arbitral tribunal Power of arbitrators to rule on their own jurisdiction/Principle of Kompetenz-Kompetenz In line with international...

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 are...

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 law is...

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

1 Governing law This agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation [(including non-contractual disputes or...

Precedents