The following Arbitration practice note produced in partnership with Lalive (Geneva) provides comprehensive and up to date legal information covering:
CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.
An arbitration under the Swiss Rules of International Arbitration (the Swiss Rules) administered by the Swiss Chambers’ Arbitration Institution (the SCAI) is commenced by a Notice of Arbitration—see Practice Note: Swiss Rules—starting an arbitration (the Notice of Arbitration)).
The respondent to the notice must submit an answer to the Notice of Arbitration within 30 days of receiving the notice (art 3.7) (the Answer). Official holidays or non-business days which occur while the period of time is running are included in the calculation of a period of time (art 2.2).
Where it deems it necessary, the Arbitration Court of the SCAI (the Court) may extend the time limit for the filing of the Answer (art 2.3).
Non-acceptance of the Answer by the arbitral tribunal does not mean that the respondent is to be regarded as having accepted the claims; instead, it will simply be left without a formal defence.
The Answer must be submitted to the Secretariat of the SCAI (art 3.7), in
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BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
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This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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