Farrer & Co

This Practice Note sets out the circumstances in which an extension of time may be granted, upon application of a party, under section 12 of the Arbitration Act 1996 (AA 1996) to a contractual time period for commencing or starting arbitration proceedings under English law. The Practice Note considers the 'reasonable contemplation' test applied by the court under AA 1996, s 12(3)(a), the first basis for an order granting an extension. The Practice Note also considers the second basis for an extension, namely where conduct of one party makes it unjust to hold the other party to the strict terms of the provision in question (AA 1996, s 12(3(b)).

This Practice Note considers the types of arbitral awards that can be made or issued in (international) arbitration proceedings, including final, ‘interim’, provisional, default and consent awards. It sets out the requirements of an award and the remedies that the tribunal may order. It also deals with the date of the award (which is important for appeal and challenge purposes), the way in which notice of the award is given, and the effect of the award (including issues of res judicata and (issue) estoppel). The Practice Note also covers costs, which may be dealt with in a separate award after the tribunal has made its decision on liability.

This Practice Note considers the ‘doctrine of separability’ of arbitration agreements in international arbitration and reflects upon the approach adopted in several key arbitration jurisdictions.

This Practice Note considers the background and importance of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the Model Law). It addresses what the Model Law is, its key provisions and the relevance of the Model Law to English lawyers.