CMS

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 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. The power to make peremptory orders extended to emergency arbitrators with Section 41A (inserted by the Arbitration Act 2025).

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 looks at the advantages and disadvantages of adopting building information modelling (BIM) on a construction project.

This Practice Note highlights the key arbitral institutions that administer disputes in the technology, media and telecoms (TMT) sector. These institutions include IFTA, CITA, WIPO and JAMS.

Produced in partnership with Dieter Zandler, Partner, Alexander Rakosi, Partner, Florian Mayer, Partner and Alexander Sommergruber, Associate, in the Vienna office of international law firm CMS on key issues regarding foreign direct investment (FDI) control in Austria.

Produced in partnership with Vera Zhang, Of Counsel, from the Beijing office of international law firm CMS on key issues on foreign direct investment control in China.

This Practice Note is intended to provide advice to consultants on how to spot problems with insolvent clients (which, for the purposes of this note may mean employers or contractors) and how the consultant can take steps to protect itself. It deals with the consultant’s right to suspend and/or terminate under an appointment, the measures which a consultant might implement at pre-contract stage or in the appointment terms and conditions in order to protect itself and the differences where a novation situation exists.

This Practice Note is intended to provide advice to contractors on how to spot problems with insolvent employers and how the contractor can take steps to protect itself in advance. It deals with the contractor’s right to suspend and/or terminate under a construction contract, the measures which a contractor might implement at pre-contract stage in order to protect itself including direct payments from a bank, project bank accounts and guarantees and the practical issues which arise following an insolvency.

This Practice Note is intended to provide advice to employers on how to spot problems with insolvent contractors and how the employer can take steps to protect itself. The note deals with the employer’s right to terminate under a construction contract and the steps which an employer might take, particularly at pre-contract stage, in order to protect itself.

This Practice Note is intended to provide advice to sub-contractors on how to spot problems with insolvent contractors and how the sub-contractor can take steps to protect itself in advance. It deals with the sub-contractor’s right to suspend and/or terminate under a sub-contract and the measures which a sub-contractor might implement, particularly at pre-contract stage, in order to protect itself.

This Practice Note considers how construction contracts (building contracts, sub-contracts, consultant appointments etc) may need to be drafted/amended where building information modelling (BIM) is being used on a project. It looks at the contractual implications of BIM at different stages of a construction project: the design phase, construction phase and operation phase. It also looks at the approach to BIM of the JCT and NEC standard form building contracts.

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 in real estate finance transactions (ie share charge enforcement, quasi-enforcement through voting rights and enforcement pursuant to a debenture).

Produced in partnership with Kai Neuhaus and Jacqueline Vallat, partners at international law firm CMS on key issues regarding foreign direct investment (FDI) control in the European Union.

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

Produced in partnership with Lorenzo Bocedi, counsel, and Massimo Alpigiani, counsel, in the Milan office of international law firm CMS on key issues regarding foreign direct investment (FDI) control in Italy.

This Practice Note highlights key differences between the law in Scotland and England from the perspective of an English lawyer practising in the area of Construction law. Terminology differences are not addressed in this Practice Note.

Produced in partnership with Gérard Maitrejean, partner, and Angélique Eguether, senior associate, in the Luxembourg office of international law firm, CMS, on key issues on foreign direct investment (FDI) control in Luxembourg.

This Practice Note looks at the additional roles involved when building information modelling (BIM) is used in relation to a construction project, what those roles involve and other key considerations that the use of BIM gives rise to.