The following Arbitration practice note Produced in partnership with Charles Spragge of Druces provides comprehensive and up to date legal information covering:
The arbitration agreement is most typically evidenced by a clause within a contract, though it may also be drafted in a stand-alone document either at the time of the contract or after the dispute has arisen. However, even where the clause sits within the main contract, it is autonomous (under what is known as the doctrine of separability). This means, for example, that an arbitral tribunal appointed pursuant to the arbitration agreement has the power to make an award declaring that the underlying contract is invalid without undermining its own authority under the arbitration agreement.
One of the consequences of this doctrine of separability is that the arbitration agreement is not necessarily governed by the same law that applies to the contract as a whole. It is rarely the case that the choice of law clause, or the arbitration clause, will expressly stipulate the law of the arbitration agreement itself, even if some model institutional arbitration clauses encourage this (for example, the model clause published by the Hong Kong International Arbitration Centre (HKIAC)).
However, the arbitration rules chosen for the arbitration may fill this gap by stipulating a law applicable to the arbitration agreement in default of an express choice by the parties. For example, under the London Court of International Arbitration (LCIA) Arbitration Rules 2014, article 16.4, the law applicable
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The magistrates' court is likely to decline jurisdiction if there are repeated threats or a visible weapon.Elements of the offence of threats to killThe
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.