This Practice Note provides guidance on the important subject of the various laws that may apply in an international arbitration. It sets out the circumstances where different laws may arise and gives guidance as to how the relevant law will be determined. The types of law considered are the law governing the parties’ capacity to enter into the arbitration agreement, the substantive law of the contract, the law of the arbitration agreement, and the law of the seat (lex arbitri or curial law).
This Practice Note has been archived and is not maintained. This Practice Note sets out how a tribunal will deal with evidence in an arbitration under the arbitration rules of the China International Economic and Trade Arbitration Commission (CIETAC and the CIETAC Rules). It covers documentary, witness and expert evidence.
This Practice Note sets out what to do if your client is served with a Request for Arbitration under the Dubai International Arbitration Centre (DIAC) arbitration rules. It sets out what to include in your Answer to the Request and what steps you need to take.
This Practice Note sets out how to start an arbitration under the arbitration rules of the Dubai International Arbitration Centre (DIAC). Its sets out what the Request for Arbitration must contain, who it is to be sent to, how many copies are needed and what the next steps are in the arbitration. This topic may also be referred to as: commencing, beginning, opening, originating, initiating or instituting DIAC arbitration proceedings; filing a request for DIAC arbitration proceedings; and, statements of case, statements of claim or pleadings in DIAC arbitration.
This Practice Note sets out the format of an award rendered under the Dubai International Arbitration Centre (DIAC) arbitration rules (DIAC Rules), how it will be rendered by the tribunal and how a party may apply for the correction of any errors contained in the award.
This Practice note sets out how a tribunal will be constituted under the Dubai International Arbitration Centre (DIAC) Arbitration Rules (DIAC Rules). It covers what occurs when the arbitration agreement states how the tribunal will be constituted and where it is silent. It also covers expedited formation of the tribunal and how a tribunal will be appointed when there are multiple parties.
This Practice Note considers the International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration (also known as the IBA Rules of Evidence or the IBA Rules) which are widely used in international arbitration as the agreed standard which the arbitral tribunal will order the parties to apply when presenting the factual and witness evidence in arbitration. The IBA Rules also set out the extent of documentary disclosure (sometimes referred to as IBA Rules disclosure or IBA Rules discovery; IBA disclosure or IBA discovery; IBA document production; IBA requests to produce) that will take place in arbitrations where the IBA Rules are agreed by the parties to apply in whole or in part. Reference is also made to the Prague Rules (ie the Rules on the Efficient Conduct of Proceedings in International Arbitration).
This Practice Note provides an introduction to international arbitration, setting out what that phrase is commonly taken to mean. The Practice Note includes a discussion of the meaning of the word ‘arbitration’ and the term ‘commercial arbitration’. The Practice Note discusses key concepts in international arbitration, including international arbitral institutions, the arbitral tribunal (or arbitrator(s)), the arbitration agreement and the importance of the New York Convention and the UNCITRAL Model Law to international commercial arbitration. This Practice Note may also be referred to as: a basic guide to international arbitration; what is international arbitration?; the key elements of international arbitration; and, the principles of international arbitration.
This Practice Note has been archived and is not maintained. This Practice Note sets out how to appoint the tribunal under the Arbitration Rules of the Singapore International Arbitration Centre (fifth edition) 2013. It also sets out the procedure for the appointment of an emergency arbitrator prior to the tribunal’s constitution if a party feels that it needs interim relief.
This Practice Note has been archived and is not maintained. This Practice Note gives information about how an award is made under the Arbitration Rules of the Singapore International Arbitration Centre (fifth edition) 2013 (2013 SIAC Rules). It covers when the award is made, what is must contain and what its effect is. The Practice Note also sets out how to apply for an incorrect award to be amended and how an award can be made in the event of settlement.
This Practice Note has been archived and is not maintained. This Practice Note covers how to commence an arbitration under the 2013 SIAC Rules (5th edition). The 2013 SIAC Rules apply to arbitrations commenced on or after 1 April 2013, unless the parties have agreed otherwise.
This Practice Note has been archived and is not maintained. This Practice Note sets out the main provisions of the Arbitration Rules of the Singapore International Arbitration Centre (fifth edition) 2013 (2013 SIAC Rules) that concern the presentation of evidence in an arbitration subject to those rules.
This Practice Note has been archived and is not maintained. This Practice Note sets out how a party responds to a Notice of Arbitration under the Singapore International Arbitration Centre (SIAC) Arbitration Rules (fifth edition) 2013 including the relevant time limits that must be adhered to. It sets out the contents of the Response to the Notice of Arbitration and how to file a counterclaim.
This Practice Note, written by Alex Ruck Keene of 39 Essex Chambers, sets out when decisions made by the Court of Protection can be reconsidered; how they can be appealed, and the basis upon which appeals will be considered by the higher courts. Appeals within the Court of Protection and appeals to the Court of Appeal and the Supreme Court are covered. The note also explains the appeal structure of the Court of Protection and when permission is required to appeal a decision.
This Practice Note deals with the enforcement powers of the Court of Protection where a deprivation of liberty application is made. The procedure involved in taking the matter to court is explained, including an explanation of the relevant forms to be used and the procedure is encapsulated in a procedural checklist.
This Practice Note covers the application of the Human Rights Act 1998 and the European Convention on Human Rights (ECHR) to the Court of Protection and also touches on the relevance of the United Nations Convention on the Rights of Persons with Disabilities. It explains the powers of the court where there has been a breach of human rights and gives guidance to practitioners on some of the key points they will need to consider, particularly when seeking redress for breaches of the ECHR.
This Practice Note examines the circumstances in which psychiatrists are instructed prior to, and during, proceedings in the Court of Protection. It discusses the rules governing the instruction of experts, as well as practical considerations relating to how and when to instruct psychiatrists.
This Practice Note considers the statutory basis for safeguarding issues which frequently underpin or arise in welfare proceedings in the Court of Protection, with reference to the changes to the law in England and Wales made by the Care Act 2014 and Social Services and Well-being (Wales) Act 2014. It explains how the Court of Protection proceedings form an aspect of safeguarding and the steps that must be taken when deciding whether or not an application to the Court of Protection is necessary as a result of a safeguarding investigation. It also sets out what should happen when safeguarding concerns arise while Court of Protection proceedings are underway.
Serious medical treatment (SMT) cases are a small but very important (and high profile) aspect of the work of the Court of Protection. This Practice Note outlines the central principles underpinning the medical treatment of those without consent, before discussing how serious medical treatment decisions are defined, the court’s powers on an SMT application and the key aspects of case management in SMT cases.
The case of HL v United Kingdom in 2004 (the Bournewood case) stated that any procedures prescribed by law in the case of a person with a mental disorder being deprived of their liberty must be followed. This Practice Note describes the deprivation of liberty safeguards (also known as the Bournewood safeguards) introduced into the Mental Capacity Act 2005. It explains those safeguards and the concept of ‘deprivation of liberty’.
This Practice Note explains the powers of the Court of Protection to make decisions relating to health and welfare of those without capacity to make the relevant decisions for themselves. It then addresses those issues specific to the applications for such decisions including the evidence required, directions hearings, fact-finding hearings and costs.
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