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Latest Arbitration News

Ireland—no ‘one stop’ forum—High Court refers part of pandemic insurance claim to arbitration (Charwin T/A Charlie’s Bar v Zavarovalnica Sava Insurance Company)

Coronavirus (COVID-19) pandemic–related increase in disputes likely to last, experts say

The following Arbitration news provides comprehensive and up to date legal information on Coronavirus (COVID-19) pandemic–related increase in disputes likely to last, experts say

Successful serious irregularity challenge for tribunal breaches of general duty in commodities arbitration (PRO v DONPRO)

The following Arbitration news provides comprehensive and up to date legal information on Successful serious irregularity challenge for tribunal breaches of general duty in commodities arbitration (PRO v DONPRO)

Arbitration weekly highlights—29 July 2021

The following Arbitration news provides comprehensive and up to date legal information on Arbitration weekly highlights—29 July 2021

Featured Arbitration content

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a...

ARIAS (UK) the Insurance and Reinsurance Arbitration Society—model reinsurance arbitration clause

The ARIAS (UK) insurance and reinsurance arbitration clause is as follows: • ‘All disputes and differences arising under or in...

LMAA—commencement and arbitration procedure

LMAA—commencement and arbitration procedureThe London Maritime Arbitrators Association (LMAA) Terms 2021 (the Terms) apply to arbitrations commenced...

Evidence in international arbitration—the IBA Rules on the Taking of Evidence in International Arbitration

Evidence in international arbitration—the IBA Rules on the Taking of Evidence in International ArbitrationThis Practice Note considers the use of the...

Practice notes

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

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)This Practice Note considers the procedural law of arbitration...

Produced in partnership with Giles Robertson of Fountain Court 19th May

Practice notes

LMAA—costs

LMAA—costsThe London Maritime Arbitrators Association (LMAA) Terms 2021 (the Terms) apply to arbitrations commenced on or after 1 May 2021 where the...

Produced in partnership with Shawn Kirby of Wikborg Rein 19th May

Practice notes

The seat of the arbitration

The seat of the arbitrationThis Practice Note considers the key concept of the seat of an arbitration, with a particular focus on the law of England...

Produced in partnership with Peter McQueen 19th May

Practice notes

A quick guide to the arbitration process

A quick guide to the arbitration processThis Practice Note provides a quick guide to the arbitration process while recognising that there is no set...

19th May

In-house

Practice notes

UNCITRAL Rules—procedure

UNCITRAL Rules—procedureThis Practice Note considers the procedure of an arbitration conducted pursuant to the United Nations Commission on...

Produced in partnership with WilmerHale 19th May

In-house

Practice notes

Arbitral awards—types and requirements

Arbitral awards—types and requirementsNote: some of the guidance in this Practice Note was developed from content originally produced in partnership...

Produced in partnership with Farrer & Co 19th May

Practice notes

Umbrella clauses in investment treaty arbitration

Umbrella clauses in arbitration'>investment treaty arbitrationWhat is an umbrella clause?An umbrella clause (known also as an umbrella agreement or an...

Produced in partnership with Ben Sanderson 19th May

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 19th May

Practice notes

SCC—the Arbitration Institute of the Stockholm Chamber of Commerce

SCC—the Arbitration Institute of the Stockholm Chamber of CommerceCORONAVIRUS (COVID-19): Many arbitral organisations have responded to the...

Produced in partnership with Vinge 19th May

Practice notes

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

Ad hoc arbitration—an introduction to the key features of ad hoc arbitrationAn ad hoc arbitration is any arbitration in which the parties have not...

Produced in partnership with Simmons & Simmons 19th May

Practice notes

International arbitration clauses—example institutional clause

International arbitration clauses—example institutional clauseArbitration clauses provide for disputes to be dealt with by an appointed arbitral...

Produced in partnership with Peter McQueen 19th May

Practice notes

Investment treaty arbitration—an introduction

arbitration'>Investment treaty arbitration—an introductionThis Practice Note provides an introduction to investment treaty arbitration.Broadly, an...

Produced in partnership with Joe Tirado, Partner of Garrigues UK LLP and Elisa Vicente, Senior Associate of J&A Garrigues, S. L. P. 19th May

Practice notes

SCC Rules (2017)—arbitration procedure

SCC Rules (2017)—arbitration procedureCORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical...

Produced in partnership with Vinge 19th May

Practice notes

Revised ICC Arbitration Rules for 1 January 2012 [Archived]

Revised ICC Arbitration Rules for 1 January 2012 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The International...

19th May

Practice notes

SCC Rules (2017)—introduction and structure

SCC Rules (2017)—introduction and structureCORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with...

Produced in partnership with Vinge 19th May

Practice notes

Court of Arbitration for Sport—introduction and CAS Rules 2020

Court of Arbitration for Sport—introduction and CAS Rules 2020CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus...

Produced in partnership with Daniel Meagher of Winston & Strawn 19th May

Most recent Q&As content

Q&As

To what extent are UK courts and tribunals bound by domestic and EU case law on Brussels I (recast) decided before/after IP completion day? If not bound, in what circumstances may they still have regard to it?

To what extent are UK courts and tribunals bound by domestic and EU case law on Brussels I (recast) decided before/after IP completion day? If not...

1st Aug

Q&As

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

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

Produced in partnership with Adam Cygan of University of Leicester 1st Aug

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.

Where an arbitrator, acting under the Arbitration Act 1966, has determined an open market rental value of a property following a disputed rent review,...

Produced in partnership with Kate Andrews of Hamlins 1st Aug

Q&As

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

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

31st Jul

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?

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...

31st Jul

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?

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....

31st Jul

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?

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,...

31st Jul

COVID-19

Q&As

Can an English court extend time to deliver an award?

Can an English court extend time to deliver an award?Court powersThe English court has various powers which it may exercise in support of...

31st Jul

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?

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

31st Jul

COVID-19

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, or determination of a fair price, to an arbitrator rather than an expert? Is there specific wording...

31st Jul

Q&As

How does the ICC calculate its advance on costs?

How does the ICC calculate its advance on costs?In International Chamber of Commerce (ICC) arbitration, the parties are required to pay a substantial...

31st Jul

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?

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...

31st Jul

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?

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...

31st Jul

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?

A virtual hearing has been proposed for my arbitration in light of coronavirus (COVID-19). What practical and logistical matters will need to be...

31st Jul

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?

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...

31st Jul

Q&As

Can an arbitrator make an order under s 423 of the Insolvency Act 1986?

Can an arbitrator make an order under s 423 of the Insolvency Act 1986?For the purposes of this Q and A, it is assumed that the arbitration is ad hoc...

31st Jul

Q&As

What is a duly authenticated original of an arbitral award?

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...

31st Jul

Q&As

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

Can you apply for a European order for payment where the underlying contract includes an arbitration clause?European orders for payment (EOPs) were...

31st Jul

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?

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...

31st Jul

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?

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

31st Jul

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Q&As

View Arbitration by content type:

Latest Arbitration News

Ireland—no ‘one stop’ forum—High Court refers part of pandemic insurance claim to arbitration (Charwin T/A Charlie’s Bar v Zavarovalnica Sava Insurance Company)

Coronavirus (COVID-19) pandemic–related increase in disputes likely to last, experts say

Successful serious irregularity challenge for tribunal breaches of general duty in commodities arbitration (PRO v DONPRO)

Arbitration weekly highlights—29 July 2021

Featured Arbitration content

Arbitration agreements—definition, purpose and interpretation

ARIAS (UK) the Insurance and Reinsurance Arbitration Society—model reinsurance arbitration clause

LMAA—commencement and arbitration procedure

Evidence in international arbitration—the IBA Rules on the Taking of Evidence in International Arbitration

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