Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues

Legal Research

Q&As
Is there an international arbitration treaty that sets out that parties may only make submissions in relation to their own statements of case...
15th Sep
Q&As
What is the current position on the recoverability of success fees in arbitration?Conditional fee agreements (CFAs) that incorporate success fees are...
15th Sep
Q&As
What are the sanctions in English law and arbitration for a party that has destroyed documentary evidence?Sanctions under English lawDisclosure under...
14th Sep
Q&As
What is the procedure for appealing against an arbitrator's decision under sections 68 and 69 of the Arbitration Act 1996? Which court does the appeal...
2nd Sep
Q&As
Can a party treat an arbitral award as non-binding? What is the status of an arbitration agreement that states that the award is to be...
18th Aug
Q&As
In what circumstances can an award be clarified or corrected by an arbitrator or tribunal?Where a party seeks clarification to enforce an award,...
18th Aug
Q&As
While appreciating that the position is frequently changing, with regard to arbitration-related applications to the courts of England and Wales, how,...
Produced in partnership with Sara Masters QC of Twenty Essex 18th Aug
Q&As
Where parties have agreed to arbitrate disputes arising out of a contract, must the parties use arbitration in order to recover an undisputed,...
18th Aug
Q&As
Can you apply for a European order for payment where the underlying contract includes an arbitration clause?European orders for payment (EOPs) were...
18th Aug
Q&As
Can the court exercise its powers under AA 1996, s 44 to support an ISCID arbitration?The Arbitration Act 1996 (AA 1996) sets out at AA 1996, s 44 the...
18th Aug
Q&As
Can an arbitrator make an order under s 423 of the Insolvency Act 1986?For the purposes of this Q and A, it is assumed that the arbitration is ad hoc...
18th Aug
Q&As
Can an arbitral tribunal order a freezing injunction?A freezing injunction (formerly known as a mareva injunction) is an interim injunction which...
18th Aug
Q&As
What is the timescale for making an application to the court to determine the reasonableness of the arbitrators fees under section 64(2) of the...
Produced in partnership with Hamish Lal 18th Aug
Q&As
Where a party has been ordered to pay 50% costs before an award will be granted, how will the allocation of costs be dealt with by the...
18th Aug
Q&As
To what extent do arbitral tribunals (governed by English law) apply the Halsey approach following a failure to mediate under a tiered dispute...
18th Aug
Q&As
Can an English court extend time to deliver an award?Court powersThe English court has various powers which it may exercise in support of...
18th Aug

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