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This Practice Note sets out the tribunal’s power under the Arbitration Act 1996 (AA 1996), to order costs and interest in its award(s). It sets out the costs that can be awarded, liability for costs, submissions on costs and the validity of a costs award.

This Practice Note considers with how to apply to the arbitral (arbitration) tribunal for the correction of mistakes or errors in an arbitral award (the slip rule) whether they be typographical, computational or clerical under section 57 of the Arbitration Act 1996 (AA 1996). It sets out the timescale for making an application (or applying) for correction of mistakes or errors (and extensions of time that may be permissible) and gives case law examples of successful and unsuccessful applications for corrections under the slip rule (AA 1996, s 57(3)). AA 1996, s 57(3)(a) provides a tribunal with the power (jurisdiction) to correct an award so as to remove any clerical mistake or error arising from an accidental slip or omission or clarify or remove any ambiguity in the award. This process (procedure) may be referred to as: a remedy for an inadequate award under English law; applying to amend or for an amendment to an award; errors or mistakes with awards.

This Practice Note discusses what steps a party may take under the Arbitration Act 1996 in England and Wales if another party fails to comply with an order of the arbitral tribunal. It sets out how to apply to the tribunal for a peremptory order (AA 1996, s 41) (ie the power of an arbitral tribunal or arbitrator(s) to make, order, issue or grant a peremptory order; sometimes referred to as an ‘unless’ order in arbitration) and, if that is not effective, to apply to the English court for enforcement of that peremptory order (section 42 of the AA 1996). A peremptory order is an interim remedy the tribunal has power to grant or issue in arbitration proceedings. It is a remedy for non-compliance with a tribunal’s order. Peremptory broadly means insisting on immediate attention or obedience.

This Practice Note considers the availability of provisional (or interim) awards under section 39 of the Arbitration Act 1996 (AA 1996) under the law of England and Wales. The Practice Note considers when a provisional award may be appropriate. The Practice Note also covers the arbitral tribunal’s ability to order freezing injunctions under English law.

This Practice Note considers the remedies an arbitral tribunal can order in awards in arbitrations under section 48 of the Arbitration Act 1996 (AA 1996). Remedies include the payment of money (damages), specific performance, rectification and declarations. The Practice Note also covers the question of the currency or currencies in which an award can be made.

This Practice Note provides an introduction to how damages are determined and quantified by the arbitral tribunal (arbitrators) in international arbitration proceedings, with a focus on damages for breach of contract (or contractual breach). It considers what law applies for the purposes of calculating damages; the position of contractual damages; proving and quantifying loss for breach of contract; and, interest on damages. This topic may be referred to as: a guide to damages in international arbitral proceedings; the evaluation or assessment of damages in international commercial arbitration; the computation of damages in arbitration; the recovery of damages in international arbitration; pecuniary relief in arbitration proceedings; money or monetary claims in arbitration; claiming and pleading damages in arbitration; and, punitive damages in arbitration.

This Practice Note explains the key issues to consider before enforcement and the most typical enforcement options for a lender—share charge enforcement, quasi-enforcement through voting rights and enforcement pursuant to a debenture.

This Practice Note considers the key assets that exist in a film, the different methods of structuring a typical film finance transaction, the key financing terms and budget for financing a film, the key parties involved, the typical conditions precedent, the main methods used to take security over the film and related assets and the important commercial arrangements required for generating and distributing any proceeds realised

This Practice Note considers partial awards in (international) arbitration proceedings. An interim or partial award may be issued (handed down) by an arbitral tribunal on a specific issue (for example, substantive jurisdiction) and at any time before a final award, although there are rules that must be followed for applications for awards on jurisdiction. This Practice Note considers the nature of a partial award (and contrasts it with interim relief or a provisional award), when and how to apply for a partial award, and the pros and cons (advantages and disadvantages) of doing so. The Practice Note also refers to the recognition and enforcement of partial awards.

The purpose of this Practice Note is to define some of the key terms of the Payment Services Regulations 2017, SI 2017/752 (PSRs 2017), such as payment service, payment account, payment transaction and payment instrument, in order to assist those carrying on certain services in deciding whether they fall within the scope of the PSRs 2017.

This Practice Note sets out how arbitration can be used to settle disputes in the TMT sector and where arbitration is a suitable dispute resolution method in that sector. It discusses factors in favour of arbitration, such as expertise, confidentiality, and enforceability of awards, and factors against, such as cost and difficulties in obtaining injunctive relief. It looks at features of TMT disputes, including the non-arbitrability of certain claims, non-contractual matters and multi-party arbitrations.

This is a Precedent letter requesting corrections to an arbitral award under section 57(3)(a) of the Arbitration Act 1996.

This is a Precedent letter responding to an application by an opponent for corrections to an arbitral award under section 57(3)(a) of the Arbitration Act 1996. The letter covers the timetable for responding and the possible responses of no correction needed, agreeing to proposed correction and opposing proposed correction.

This checklist contains a summary of the main points to consider when acting for the lender in reviewing a draft legal opinion prepared by overseas counsel in relation to a financing transaction which involves obligors which are incorporated in, and/or documentation which is governed by the laws of, an overseas jurisdiction

This Checklist considers some of the relevant considerations when drafting an arbitration agreement in respect of actual or potential disputes in the technology, media and telecoms (TMT) sectors.

Experts from Nabarro comment on the recently published consultation on the future regulation and governance of the payments industry, as the UK government questions whether the industry responds effectively to consumer needs and offers sufficient consumer protection. Revised supervisory measures are to balance traditional payment mechanisms with emerging technologies and set strategy in this vital area for the real economy.

Nabarro LLP comments on reports that the Financial Services Authority is interviewing fewer board candidates for financial service groups. The FSA had attempted to interview all board candidates—a move which was criticised — but it struggled to find the resources to conduct the interviews and firms were finding it difficult to find candidates for NED positions. Nabarro’s analysis considers the need to balance corporate governance with pragmatism

Nabarro LLP consider the FSA’s record fine of Barclays in relation to manipulation of the interbank interest rate. Combined with fines from regulators in other jurisdictions, such as the US Commodity Futures Trading Commission and the US Department of Justice, Barclays has been significantly penalised. The FSA’s approach considers the failings in systems and controls

Nabarro LLP considers the UK Treasury’s White Paper announced on 14 June 2012 in relation to ring-fencing retail banking operations, which introduced additional loss absorbency proposals and increasing competition in the banking sector. The ring-fencing proposals build on the Vicker’s Independent Banking Commission proposals and can also be seen as a UK form of the Volcker rule proposals. Nabarro’s analysis explores who would be affected, the effects of the proposals and possible exemptions.