The tribunal

Tribunal appointment—multiple parties

This Practice Notes provides guidance on how to appoint a tribunal where there are multiple parties involved in the arbitration and the appointment process, including the position on common arbitrators across multi-party and related arbitration proceedings. It covers the relevant provisions of the Arbitration Act 1996 and arbitration proceedings under the UNCITRAL Rules, the Arbitration Rules of the London Court of International Arbitration (LCIA Rules) and Rules of Arbitration of the International Chamber of Commerce (ICC) (ICC Rules). See Practice Note: Tribunal appointment—multiple parties.

Ensuring the arbitral tribunal's independence

This Practice Note sets out the issues a party appointing an arbitrator should consider when trying to ensure their independence. It sets out points to consider when nominating an arbitrator and provisions in major sets of institutional rules such as those made by the ICC, the American Arbitration Association (AAA), the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) and the Singapore International Arbitration Centre (SIAC). See Practice Note: Ensuring the arbitral tribunal's independence and impartiality.

Challenging the tribunal's independence

This Practice Note sets out why and how a party might

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Third party costs—Court of Appeal confirms stay pending detailed assessment is case management decision (Federal Republic of Nigeria v VR Global Partners LP)

Dispute Resolution analysis: The Court of Appeal has upheld the decision of a judge at first instance to stay an application for a third-party costs order under section 51 of the Senior Courts Act 1981 until after the conclusion of the detailed assessment of the underlying bill of costs. Dismissing Nigeria’s appeal, the Court of Appeal held that there is no presumption that a third-party costs application should be determined before a detailed assessment. The question is purely one of case management, to be decided in accordance with the interests of justice and the overriding objective. The decision, being within the scope of discretion allowed a judge, was not amenable to appeal; that a different judge would have reached a different conclusion was not in point. Where there is a real question whether any further sum will be payable following assessment (particularly where a substantial payment on account has already been made and costs are to be assessed on the standard basis), it is legitimate to stay the third party application to avoid wasting court resources on what may prove to be a pointless satellite exercise. Of general and at least equal significance to costs practitioners were the Court of Appeal’s strong comments (obiter dicta in strict terms) deprecating disproportionate detailed assessment processes and endorsing the use of sampling as a case management tool in cases involving very significant bills of legal costs. Written by Lauren Godfrey, barrister at Gatehouse Chambers.

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