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GLOSSARY

Emergency arbitrator definition

Published by a LexisNexis Arbitration expert

What does Emergency arbitrator mean?

An arbitrator appointed, generally, by an arbitral institution on an urgent basis to deal with an application for emergency interim relief before the constitution of the tribunal. Expedited formation of the tribunal, where available, may be an effective way, in some circumstances, of achieving the same result.

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Disclosure in arbitration for construction lawyers

Disclosure in arbitration for construction lawyers This Practice Note provides an introduction for construction practitioners to the disclosure process in the context of an arbitration, comparing it with disclosure in litigation and looking at the various procedural rules. It also sets out some practical considerations regarding disclosure in arbitration. For further guidance on disclosure in an arbitration generally, see subtopics: AA 1996—evidence in arbitration—England and Wales and Evidence in international arbitration—overview. What is disclosure? Disclosure is the process by which parties to a dispute make available to each other documents which relate to the factual matrix of that particular dispute. In this context, ‘documents’ is given a broad scope and can encompass hard copy and electronic documents such as handwritten notes, drawings, emails, text messages, voice recordings and embedded data. In principle, the purpose of disclosure is to allow the parties the opportunity to be aware of relevant evidence that either supports or weakens their case. The disclosure process allows both sides to better understand their respective cases (and...

Comparing international investment arbitration rules

Comparing international investment arbitration rules Investment treaty arbitrations may be brought under the rules of many different institutions or ad hoc arbitration rules. Each institution or body has its own unique rules and associated collection of risks and benefits. The table below provides a quick reference guide for the investment arbitration rules of several key institutions, ie the Singapore International Arbitration Centre (SIAC), the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the International Centre for Settlement of Investment Disputes (ICSID), the United Nations Commission on International Trade Law (UNCITRAL), China International Economic Trade Arbitration Commission (CIETAC) and the Permanent Court of Arbitration (PCA). This is a high-level guide intended to provide an overview of the similarities and differences among some of the major institutional and ad hoc international arbitration rules. It is not intended as a substitute for detailed legal advice as to the procedures and laws which govern a particular dispute. Advice should be sought when agreeing to arbitration and at an early...

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Equipment hire agreement—pro-supplier

Equipment hire agreement—pro-supplier This Agreement is made on [date ] Parties 1 [insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of Customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer), (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Supplier conducts the business of hiring [insert description of Equipment] to other businesses. (B) The Customer conducts the business of [insert description]. (C) The parties have agreed that the Customer shall hire the Equipment from the Supplier on the terms set out in this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control...

Operational level agreement

Operational level agreement This Agreement is made on [date] Parties 1 [Customer] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Customer); 2 [Supplier 1] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Supplier 1); 3 [Supplier 2] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Supplier 2); and 4 [Supplier 3] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Supplier 3), each of Customer, Supplier 1, Supplier 2 and Supplier 3 being a party and together Customer, Supplier 1, Supplier 2 and Supplier 3 are the parties. Supplier 1, Supplier 2 and Supplier 3 are each a Supplier and together are the Suppliers. Background (A) The Customer is outsourcing the provision and management of certain of its services to certain suppliers as follows: (a) [describe function] services to Supplier 1, (b) [describe...

Dive into our 3 Precedents related to Emergency arbitrator

Injunctions against calls on bank guarantees and the relevance of emergency arbitration (Shapoorji Pallonji (India) v Yumn Limited (Rwanda))

Arbitration analysis: This case is about the court’s approach to the determination of whether an injunction should be granted requiring the beneficiary of the proceeds of a bank guarantee (bond) to reverse its call on the bond. There is little authority in this area and the court clarified that the principles it will apply are the same as those that relate to the grant of an injunction against the beneficiary from making the call on the bond or from continuing with the call once made but before having received the proceeds. A further issue before the court was whether the court should apply a different (and more lax) test in determining the grant of an injunction when dealing with an underlying dispute between parties that had would have to finally be resolved in arbitration. It was argued that the arbitral tribunal (or, more specifically, an emergency arbitrator appointed before the constitution of the arbitral tribunal proper) operating under the International Chamber of Commerce Arbitration Rules in a Singapore-seated arbitration would...

Call on a guarantee—interim injunction against bank discharged (Tetronics (International) v HSBC Bank (BlueOak Arkansas intervening))

Dispute Resolution analysis: Mr Justice Fraser in the Technology and Construction Court discharged an injunction restraining HSBC Bank from making a payment in respect of a call on a guarantee. Even though, unusually, the fraud exception applied, the injunction was not justified on the balance of convenience given the claimant’s failure to provide full and accurate disclosure of relevant information to the court.

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