Jurisdiction and applicable laws

Jurisdiction and applicable laws guidance:

ARCHIVED: This Practice Note has been archived and is not maintained.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

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

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

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

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

1 Jurisdiction—reciprocal The parties irrevocably agree that the courts of [England and Wales OR [insert details of alternative jurisdiction]] shall have [exclusive OR...

Precedents

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

The law of the arbitration agreement The arbitration agreement is most typically evidenced by a clause within a contract, though it may also be drafted in a stand-alone...

Practice Note

The procedural law of the arbitral proceedings The procedural law of an international arbitration is often referred to as the 'lex arbitri', or, to use the equivalent...

Practice Note

This Practice Note considers the role of state immunity in relation to arbitration proceedings in general terms. For more detailed information on state immunity and...

Practice Note

This Practice Note considers two methods by which the Cayman Islands courts seek to uphold parties’ agreements to arbitrate disputes, namely: orders staying court...

Practice Note

Singapore’s dual arbitration regime Singapore has a dual arbitration regime (as discussed in Dalian Hualiang Enterprise Group Co Ltd v Louis Dreyfus Asia Pte Ltd [2015] 4...

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

ARCHIVED: This Practice Note has been archived and is not maintained. Practical implications of West Tankers In summary, the effect of the West Tankers story (so far) is:...

Practice Note