Q&As

View Arbitration by content type:

News

Practice notes

Precedents

Q&As

Latest Arbitration News

Enforceability of foreign arbitral awards against bankrupt parties in Switzerland (Swiss Federal Tribunal 5A_910/2019)

The following Arbitration news provides comprehensive and up to date legal information on Enforceability of foreign arbitral awards against bankrupt parties in Switzerland (Swiss Federal Tribunal 5A_910/2019)

Singapore—application to set aside SIAC award for breach of natural justice due to tribunal’s unanticipated reasoning dismissed (CIM v CIN)

The following Arbitration news provides comprehensive and up to date legal information on Singapore—application to set aside SIAC award for breach of natural justice due to tribunal’s unanticipated reasoning dismissed (CIM v CIN)

The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

The following Arbitration news provides comprehensive and up to date legal information on The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

USA—petition to enjoin second JAMS arbitration refused; tribunal to determine whether second arbitration collateral attack on first arbitration award (Credit Suisse AG v Graham)

Featured Arbitration content

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...

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...

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 12th Jan

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 12th Jan

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

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

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

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 Q&As content

Q&As

Can a dispute resolution clause in a B2B contract provide an option for one or both parties to elect to refer a dispute under the contract to either arbitration or litigation?

Contracts often contain dispute resolution clauses which provide an alternative to a straightforward agreement to resolve any disputes that arise by...

8th Apr

Q&As

Can a multi-tier dispute resolution (DR) clause provide for mediation between the parties in one location followed by in the absence of settlement of the dispute and arbitration in another location? Can a DR clause provide for arbitration and court litigation?

Multi-tier dispute resolution clausesContractual parties are free to agree, subject to relevant law governing validity/enforceability, that relevant...

8th Apr

Q&As

What is the procedure for appealing against an arbitrator's decision under sections 68 and 69 of the Arbitration Act 1996? Which court does the appeal need to be lodged in and with what documents/forms etc?

An award can be challenged or appealed under the Arbitration Act 1996 (AA 1996) only on limited grounds. The grounds for challenging/appealing a...

1st Apr

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...

1st Apr

Q&As

Will the Malaysian courts recognise and enforce an award issued by an arbitral tribunal seated in Singapore, where the period for setting aside the award before the Singapore courts has not expired?

Malaysia is a party to the New York convention and will recognise and enforce an award provided that the award is final and binding. In Malaysia,...

17th Mar

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 9th Mar

Q&As

What is the EU infringement procedure under Article 258 TFEU and how can proceedings be monitored?

What are the infringement proceedings under Article 258 TFEU?If an EU Member State fails to communicate measures that fully transpose the provisions...

Produced in partnership with Adam Cygan of University of Leicester 25th Feb

Q&As

A key witness (expert or factual) cannot attend an in-person hearing scheduled for my arbitration over the next few months due to travel restrictions. How should I approach this issue vis-a-vis the witness, the client, the other side and the tribunal?

Clare Ambrose, Twenty EssexThe party’s representative should consult with the witness and the other side. It would be unusual if a solution cannot be...

15th Feb

COVID-19

Q&As

How does a new arbitrator get their first appointment?

A common gripe at 'Young' Arbitration conferences is the difficulty of getting a first appointment as an arbitrator, do you think this is fair?It is a...

15th Feb

Q&As

Can I apply for security for costs of a s 68 challenge?

Security for costs when challenging an awardThe simple answer to this question is, yes, you can apply for security for costs of a challenge to an...

15th Feb

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...

15th Feb

COVID-19

Q&As

We have served a notice of arbitration on behalf of a client requiring the other party to agree to the joint appointment of an arbitrator within 28 days. The time period has almost expired but the parties no longer wish to proceed with the arbitration. Do we need to formally withdraw the notice and is there a relevant time limit within which to do this?

Arbitration is a matter of agreement. Unless the arbitration clause, separate arbitration agreement or a set of rules chosen for the arbitration...

15th Feb

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...

15th Feb

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...

15th Feb

Q&As

In what circumstances can an award be clarified or corrected by an arbitrator or tribunal?

Where a party seeks clarification to enforce an award, section 57 of the Arbitration Act 1996 (AA 1996) sets out the circumstances in which an award...

15th Feb

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...

15th Feb

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...

15th Feb

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,...

15th Feb

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...

15th Feb

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...

15th Feb

First
1
2
3
Last

Q&As

View Arbitration by content type:

Latest Arbitration News

Enforceability of foreign arbitral awards against bankrupt parties in Switzerland (Swiss Federal Tribunal 5A_910/2019)

Singapore—application to set aside SIAC award for breach of natural justice due to tribunal’s unanticipated reasoning dismissed (CIM v CIN)

The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

USA—petition to enjoin second JAMS arbitration refused; tribunal to determine whether second arbitration collateral attack on first arbitration award (Credit Suisse AG v Graham)

Featured Arbitration content

Arbitration agreements—definition, purpose and interpretation

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

A quick guide to the arbitration process

Institutional arbitration—an introduction to the key features of institutional arbitration

Most recent Q&As content

Popular documents

Joint, several, and joint and several liability

Negative pledges

Foreign exchange (FX) derivatives

The Single Rulebook

Contact Us

Popular Links

Policies

Follow us