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This Practice Note has been archived and is not maintained.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.
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.
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