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When does procedure become a question of law? The English Court explains section 45 (India v CC Devas)

When does procedure become a question of law? The English Court explains section 45 (India v CC Devas)

Arbitration analysis: This decision clarifies the scope of section 45 of the Arbitration Act 1996 in the context of an English-seated investment...

Pre-arbitral conduct and the procedural limits of section 21 notices (M/S. Bhagheeratha Engineering Ltd v State of Kerala)

Pre-arbitral conduct and the procedural limits of section 21 notices (M/S. Bhagheeratha Engineering Ltd v State of Kerala)

Arbitration analysis: The Supreme Court of India restored an arbitral award that had been set aside by the lower courts, holding that the jurisdiction...

IBA launches AI Institute to advance responsible AI governance and inclusive international cooperation

IBA launches AI Institute to advance responsible AI governance and inclusive international cooperation

The International Bar Association (IBA) has announced the launch of its Artificial Intelligence (AI) Institute, a new initiative intended to influence...

Supreme Court of India-the legal representative of a deceased party to an arbitration agreement can only challenge an arbitral award passed pursuant to that agreement under section 34 of the Arbitration and Conciliation Act, 1996 and cannot seek recourse under Article 227 of the Constitution (V. K. John v S. Mukanchand Bothra And HUF (Died), Represented by Legal Heirs and others)

Supreme Court of India-the legal representative of a deceased party to an arbitration agreement can only challenge an arbitral award passed pursuant to that agreement under section 34 of the Arbitration and Conciliation Act, 1996 and cannot seek recourse under Article 227 of the Constitution (V. K. John v S. Mukanchand Bothra And HUF (Died), Represented by Legal Heirs and others)

Arbitration analysis: The Supreme Court held that a legal representative of a deceased party to an arbitration agreement must challenge an arbitral...

Featured Arbitration content

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 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...

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

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

Institutional arbitration—an introduction to the key features of institutional arbitrationWhat is institutional arbitration?An institutional...

International arbitration—key differences between international and domestic arbitration

International arbitration—key differences between international and domestic arbitration

International arbitration—key differences between international and domestic arbitrationSTOP PRESS: This Practice Note is currently Under Review in...

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)

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)STOP PRESS: This Practice Note has been updated in light of the new...

Practice notes

Arbitral awards—types, requirements and effect

Arbitral awards—types, requirements and effectNote: some of the guidance in this Practice Note was developed from content originally produced in...
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Produced in partnership with Farrer & Co
13th Oct
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...
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Produced in partnership with Heidi Yildiz of The 36 Group
13th Oct
Practice notes

Umbrella clauses in investment treaty arbitration

Umbrella clauses in investment treaty arbitrationWhat is an umbrella clause?An umbrella clause (known also as an umbrella agreement or an observance...
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Produced in partnership with Ben Sanderson
13th Oct
Practice notes

Arbitration—an introduction to the key features of arbitration

Arbitration—an introduction to the key features of arbitrationThis Practice Note provides an introduction to arbitration and its key features, with a...
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Produced in partnership with Simmons & Simmons
13th Oct
Practice notes

Arbitration agreements—the doctrine of separability (England and Wales)

Arbitration agreements—the doctrine of separability (England and Wales)This Practice Note considers the doctrine of separability under the law of...
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2nd Jun
Practice notes

Partial awards in arbitration

Partial awards in arbitrationParties to an arbitration may wish to make an application to the arbitral tribunal for an award to be made on a specific...
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13th Oct
Practice notes

Unilateral option clauses—an introduction

Unilateral option clauses—an introductionUnilateral option clauses definedUnilateral option clauses are dispute resolution clauses in agreements that...
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Produced in partnership with Latham & Watkins
13th Oct
Practice notes

Investment treaty arbitration—an introduction

Investment treaty arbitration—an introductionThis Practice Note provides an introduction to investment treaty arbitration.Broadly, an investment...
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Produced in partnership with Joe Tirado, Partner of Garrigues UK LLP and Elisa Vicente, Senior Associate of J&A Garrigues, S. L. P.
30th May
Practice notes

Remedies for breach of the arbitration agreement

Remedies for breach of the arbitration agreementAn arbitration agreement is evidence that the parties have consented to resolve the dispute by...
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Produced in partnership with Heidi Yildiz of The 36 Group
13th Oct
Practice notes

AA 1996—challenging and appealing arbitral awards in the English court

AA 1996—challenging and appealing arbitral awards in the English courtGrounds of challenge or appeal against arbitration awardsAn arbitral award can...
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30th May
Practice notes

Maritime arbitration—an introduction

Maritime arbitration—an introductionMaritime arbitration is a recognised branch of dispute resolution in international trade and commerce.Maritime...
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Produced in partnership with Peter McQueen and Heidi Yildiz
2nd Jun
Practice notes

ICC (2021)—fees, advances and costs

ICC (2021)—fees, advances and costsCORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical...
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Produced in partnership with Courtney Lotfi of Jones Day
30th May
Precedents

Redfern schedule—arbitration

Redfern schedule—arbitrationClaimant’s description of documentation requestedClaimant’s position on relevance and materialityRespondent’s response to...
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Produced in partnership with Simmons & Simmons
13th Oct
Practice notes

Hong Kong—guide to the Arbitration Ordinance

Hong Kong—guide to the Arbitration OrdinanceScopeThe Arbitration Ordinance (Cap 609) (AO) applies to an arbitration under an arbitration agreement...
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2nd Jun
Practice notes

Commodities—types of contract and disputes

Commodities—types of contract and disputesAn introduction to contracts for the sale and purchase of commoditiesContracts for the sale and purchase of...
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Produced in partnership with Paul Toms of Quadrant Chambers
13th Oct
Practice notes

Document production in international arbitration—a practical guide

Document production in international arbitration—a practical guideThis Practice Note provides practical guidance on document production in...
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Produced in partnership with Courtney Lotfi of Jones Day
30th May

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If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

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