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Arbitration agreements—definition, purpose and interpretation

This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of...

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...

A quick guide to the arbitration process

This Practice Note provides a quick guide to the arbitration process while recognising that there is no set framework or order for arbitration...

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...

Practice notes

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...

Produced in partnership with Ben Sanderson 9th Nov

Practice notes

LMAA—costs

The London Maritime Arbitrators Association (LMAA) Terms 2017 (the Terms) apply to arbitrations commenced on or after 1 May 2017 where the parties...

Produced in partnership with Shawn Kirby of Wikborg Rein 9th Nov

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

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 9th Nov

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 9th Nov

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 9th Nov

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 9th Nov

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 9th Nov

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.A. 9th Nov

Practice notes

Hong Kong—example arbitration clauses

This Practice Note provides examples of two arbitration clauses or agreements (one for ad hoc arbitration and one for arbitration administered by the...

9th Nov

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 9th Nov

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 9th Nov

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 9th Nov

Most recent Q&As content

Q&As

What is the timescale for making an application to the court to determine the reasonableness of the arbitrators fees under section 64(2) of the Arbitration Act 1996?

An application to court under section 64(2) of the Arbitration Act 1996 (AA 1996) is made by issue and the service of an arbitration claim form. CPR...

Produced in partnership with Hamish Lal 22nd Oct

Q&As

Is there an international arbitration treaty that sets out that parties may only make submissions in relation to their own statements of case (claims/defences)? Is there any general guidance on written submissions?

The Arbitration Act 1996 (AA 1996) makes provisions for both international and domestic arbitration proceedings in England and Wales. Under AA 1996,...

6th Oct

Q&As

Is it possible to refer a question of valuation, or determination of a fair price, to an arbitrator rather than an expert? Is there specific wording you suggest be included in an arbitration agreement to achieve this?

Is it possible to refer a question of valuation to an arbitrator?arbitration. This approach is often taken, for example, in the context of gas price...

30th Sep

Q&As

Where an arbitrator, acting under the Arbitration Act 1966, has determined an open market rental value of a property following a disputed rent review, does the landlord require the permission of the court to ‘enforce an arbitration award’. The parties engaged in formal arbitration and a market value has been determined. The award was never challenged or appealed and is therefore binding. The landlord has therefore continued to demand rent at the new rental value. The tenant has fallen into arrears. Can the landlord simply issue a claim in the county court for those arrears, or does the landlord require permission to enforce the award of the arbitrator? The award was simply a declaration of the open market rental value—there was no award for payment of arrears, all of which accrued post-arbitration.

The Q&A assumes that the landlord is seeking to recover the difference between the rent reserved under the lease and the new rent demanded after the...

Produced in partnership with Kate Andrews of Hamlins 29th Sep

Q&As

What are the sanctions in English law and arbitration for a party that has destroyed documentary evidence?

Sanctions under English lawDisclosure under CPR 31—preservation of documentsDocuments that a party intends to rely on in litigation should be...

28th Sep

Q&As

What does the ICC's scrutiny process involve?

Scrutiny of an award by the ICC is a major feature of ICC arbitration, see Practice Note: ICC (2012)—the award. The ICC see scrutiny as a means of...

28th Sep

Q&As

If a party to an arbitration wished to make an appeal against the arbitrators final award, say on a point of law under section 69 of the Arbitration Act 1996, should the appeal be made to the County Court or the High Court or would either have jurisdiction to consider the appeal?

An appeal of an arbitration award can only be brought under section 69 of the Arbitration Act 1996 (AA 1996). Such an appeal is limited to an appeal...

28th Sep

Q&As

Can a party treat an arbitral award as non-binding? What is the status of an arbitration agreement that states that the award is to be non-binding?

This Q&A refers to a final award and that the arbitration is seated in England & Wales and governed by the Arbitration Act 1996.Effect of an arbitral...

28th Sep

Q&As

What is a duly authenticated original of an arbitral award?

A party seeking recognition and/or enforcement in the courts of England & Wales of an award made in a country which is signatory to the New York...

28th Sep

Q&As

Can I request reasons for ICC Court decisions?

Requests for communication of reasons for Court administrative decisionsOn 8 October 2015, the ICC announced that the Court will communicate reasons...

28th Sep

Q&As

What is the current position on the recoverability of success fees in arbitration?

Conditional fee agreements (CFAs) that incorporate success fees are a familiar funding mechanism. In a typical scenario, a claimant’s lawyer will...

28th Sep

Q&As

A virtual hearing has been proposed for my arbitration in light of coronavirus (COVID-19). What practical and logistical matters will need to be considered in advance? What are the potential advantages and disadvantages of this approach?

Clare Ambrose, Twenty EssexThe obvious advantage is that the hearing can take place and the dispute resolved which is the ultimate aim of the...

28th Sep

COVID-19

Q&As

Can an English court extend time to deliver an award?

Court powersThe English court has various powers which it may exercise in support of arbitration—see Practice Note: AA 1996—court powers in support of...

28th Sep

Q&As

Where a party has been ordered to pay 50% costs before an award will be granted, how will the allocation of costs be dealt with by the arbitrator/tribunal in the award?

In answering this Q&A it has been assumed that it is a London-seated ad hoc arbitration conducted in accordance with the Arbitration Act 1996 (AA...

28th Sep

Q&As

Where parties have agreed to arbitrate disputes arising out of a contract, must the parties use arbitration in order to recover an undisputed, invoiced debt of less than £10,000?

In general terms, arbitration is a private, contractual dispute resolution mechanism—it takes place when parties agree to resolve current or future...

28th Sep

Q&As

Can you apply for a European order for payment where the underlying contract includes an arbitration clause?

European orders for payment (EOPs) were introduced through Regulation (EC) No 1896/2006 (the Regulation). EOPs are a means by which a claimant can...

28th Sep

Q&As

In light of coronavirus (COVID-19), is arbitration preferable over litigation as a method of dispute resolution given the increased flexibility inherent in arbitration proceedings generally?

Clare Ambrose, Twenty EssexThis is a ‘once in a generation’ challenge. We will see over the next months how the court system and the arbitration...

28th Sep

COVID-19

Q&As

An in-person hearing is scheduled for my arbitration over the next few months. In light of coronavirus (COVID-19), what should I be thinking about, what alternatives may be available (eg relocation, postponement, virtual hearing(s)), what considerations are relevant when contemplating these options, and how would alternative approaches be dealt with procedurally with the other side and the tribunal?

Clare Ambrose, Twenty EssexWe all know the crisis is fast-moving. Arrangements that seemed sensible a week ago now look unrealistic or...

28th Sep

COVID-19

Q&As

To what extent do arbitral tribunals (governed by English law) apply the Halsey approach following a failure to mediate under a tiered dispute resolution clause?

The English courts have imposed costs sanctions on litigating parties who have unreasonably failed to mediate and one of the leading cases in this...

28th Sep

Q&As

Which edition of the SIAC Arbitration Rules applies to my dispute?

On 1 August 2016, the 6th edition of the SIAC Rules was launched (2016 SIAC Rules), and applies to SIAC arbitration proceedings commenced on or after...

28th Sep