King & Spalding

Experts

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Andrea Stauber
Partner
King & Spalding
Andrew Metcalf
King & Spalding
Geneviève Michaux
King & Spalding
Kevin Mohr
King & Spalding
Kim Roberts
King & Spalding
Michael Rainey
Partner
King & Spalding
Robert Dedman
King & Spalding
Ruth Byrne
Partner, King & Spalding
King & Spalding
Contributions by King & Spalding

7

AA 1996—security in the amount of the award (s 70(7))
AA 1996—security in the amount of the award (s 70(7))
Practice notes

This Practice Note sets out how to apply for security in the amount of an arbitral award when there are proceedings challenging or appealing that award under sections 67, 68 and 69 of the Arbitration Act 1996.

Commodities murabaha
Commodities murabaha
Practice notes

This Practice Note covers the features of a typical commodities murabaha arrangement (usually metals traded on the London Metals Exchange) entered into to provide working capital or acquisition financing for the customer. It also considers the distinction with a tawarruq arrangement

Critique of Shari’ah compliance in murabaha transactions
Critique of Shari’ah compliance in murabaha transactions
Practice notes

This Practice Note discusses the main criticisms of contemporary murabaha arrangements, in particular that most current transactions do not meet all of the established criteria, such transactions do not fit with the goals of Islamic finance and that the transactions simply replicate conventional financing but in a more costly and uncertain manner

Governing law under murabaha contracts
Governing law under murabaha contracts
Practice notes

This Practice Note considers the factors that have led to murabaha contracts typically being governed by the laws of England and Wales in the UK and the reasons Shari’ah has not commonly been adopted. It also looks at two specific English cases concerning murabaha agreements

Murabaha documentation and transaction mechanics
Murabaha documentation and transaction mechanics
Practice notes

This Practice Note covers the structure of typical murabaha documentation and compares the differences between a murabaha agreement and the loan agreement in a conventional transaction. In particular, it considers ‘rollover’ differences, prepayments, conditions precedent and covenants

The structure and required elements of a murabaha Transaction
The structure and required elements of a murabaha Transaction
Practice notes

This Practice Note covers the basic structure and required steps in a typical murabaha (‘cost plus profit financing’) transaction. It also considers the elements that are required for a valid murabaha transaction under Shari’ah

UK characterisation of murabaha
UK characterisation of murabaha
Practice notes

This Practice Note covers the differences between conventional financing and Islamic finance and the relevant provisions under English law.

Contributions by King & Spalding Experts

1

Preparing for and conducting oral advocacy in international arbitration
Preparing for and conducting oral advocacy in international arbitration
Practice notes

This Practice Note provides general guidance for practitioners that may be new to advocacy in international arbitration, including some practical tips both for an advocate’s preparation and for conducting advocacy at a hearing. While the importance of written advocacy cannot be understated, this Practice Note focuses primarily on oral advocacy. The Practice Note considers the use of advocacy in arbitration, the fundamental purpose of advocacy, presentation style, tailoring your presentation to the tribunal, conducting oral advocacy and the ethics of advocacy. This Practice Note provides guidance on oral advocacy as part of in-person and remote or online hearings.

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