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PRACTICE NOTES
This Practice Note considers how to commence an arbitration under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021 unless the parties expressly agree that an earlier version of the ICC Rules will apply. For an introduction to the 2021 ICC Rules, see Practice Note: ICC—introduction to the ICC and arbitration under the ICC Rules. For links to guidance on the 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview. Prior to commencing an arbitration pursuant to the ICC Rules When a dispute arises it is essential for parties and their advisors to review the dispute resolution clause in the relevant contract. Assuming that the clause provides for arbitration under the ICC Rules, at the outset, the parties should consider matters including: • any limitation period (either contractual or statutory) within which the arbitration must be started. For more information under English and Welsh law, see Practice Note: Limitation periods in arbitration (England & Wales)
PRECEDENTS
1 Introduction 1.1 This document sets out our policy on handling requests by eligible employees for a variation to their terms and conditions of employment. 1.2 This policy is for guidance only and does not form part of your contract of employment and we may amend it at any time. It outlines the rights employees are given by law but is intended to be a summary only and not a complete statement of your rights. Please contact [the HR department] if you have any queries about your entitlement. 1.3 This policy applies only to employees and, in certain circumstances, to agency workers. It does not apply to consultants[, contractors] [, volunteers] [, interns] or casual workers. 1.4 [If you wish to apply to opt in to hybrid working, which means that staff attend the workplace for part of their working time and work from home (or elsewhere) remotely for part of their working time, see our Hybrid working policy, which sets out the process to follow in those circumstances.] 2 Eligibility conditions 2.1 To be eligible to make a flexible working request, you must: 2.1.1 be an employee; 2.1.2 not have made more than one other flexible working request during the previous 12 months (including a
PRACTICE NOTES
This Practice Note introduces take-or-pay clauses in the energy sector and considers some of the EU, regulatory and competition law issues regularly encountered when considering take-or-pay clauses in the energy contracts. The Practice Note focuses on the EU and international legal frameworks, with examples, and considers English law in outline only. For more information on drafting take-or-pay clauses and the common features of such clauses, see Practice Note: Drafting take-or-pay clauses in energy contracts. For more information on the English courts’ attitude to take-or-pay clauses and a thorough consideration of take-or-pay clauses and the rule on penalties, see Practice Note: Take-or-pay clauses in energy contracts: the rule on penalties. Introduction to ‘take-or-pay’ clauses in the energy sector A take-or-pay clause is a contractual provision whereby a buyer agrees to pay for a minimum quantity of a good, or service, to which the relevant contract relates, whether or not that minimum quantity is taken by the buyer. Take-or-pay clauses are used in contracts across a range of industries.
PRACTICE NOTES
This Practice Note sets out the general requirements of a fair procedure (fair process or system), in the context of an unfair dismissal claim, for the purpose of determining whether a dismissal is unfair. In looking at procedural unfairness it considers the Acas Code of Practice on Disciplinary and Grievance Procedures (‘the Acas Code of Practice’), the meaning of disciplinary situations and grievances, whether the employer is fixed with knowledge of matters not known to the decision-taker, the circumstances in which procedural defects may be cured on appeal, and whether re-opening an already concluded disciplinary process can be procedurally fair. It also contains links to other Practice Notes that deal with the fairness of a dismissal for each of the statutory reasons. Even where an employer can establish that the reason for dismissal is potentially fair, the dismissal may be found to have been unfair where the employer has failed to follow a fair procedure. The Acas Code of Practice will also apply, except for redundancy dismissals and dismissals on expiry of a fixed-term contract. Acas Code of Practice on Disciplinary
CHECKLISTS
This Checklist sets out the key issues to consider when contracting on another party’s standard terms and conditions. This Checklist is relevant for business to business (B2B) terms transactions only. Unless you have a very strong bargaining position, you will have to deal on other’s standard terms from time to time, especially when you are buying goods and/or services. How far you want to go in challenging the standard terms of another party will depend on the overall importance of the contract, its length and value and the importance to your business of the goods or services supplied. A key issue, as a customer, when faced with third party terms is extending the supplier’s liability so that their duty towards you is greater and maximising the extent of your recoverable losses if the supplier fails to perform satisfactorily. Incorporation of your requirements Ensure any specific terms or requirements are effectively incorporated. You should try and include as many of your requirements as possible as specific provisions within your order, in a request for a quote
PRACTICE NOTES
The Land Charges Act 1972 (LCA 1972) provides for HM Land Registry to maintain: • a register of land charges • a register of pending land actions and pending actions in bankruptcy • a register of writs and orders affecting land and writs and orders in bankruptcy These registers are entirely separate to the register for substantive title registration and are maintained by the Land Charges Department of HM Land Registry (based at its office in Plymouth). This Practice Note looks at the circumstances in which a bankruptcy search should be made in the above registers in respect of an individual or individuals. It does not deal with searches which may be required to establish the solvency or otherwise of a company; these are dealt with in Practice Notes: Pre-contract searches, Pre-completion searches and Quick guide to property insolvency. For our content on land charges and the land charges register, see Practice Note: Land charges under the Land Charges Act 1972—registration and purpose. LCA 1972 also made provision for registers
PRACTICE NOTES
This Practice Note covers the key steps in relation to winding up a defined contribution (DC) occupational pension scheme (also known as a money purchase occupational pension scheme or a trust-based defined contribution scheme). Such a scheme is referred to in this Practice Note as a 'DC scheme'. The content of this Practice Note applies to different types of DC schemes, including trusts which fall outside of the authorised master trust regime and small self-administered pension schemes (SSASs), although the latter may be exempt from certain statutory requirements. This Practice Note does not deal with the winding-up of: • an ‘authorised master trust’ under Pension Schemes Act 2017 (PSA 2017)—for further information on which, see Practice Note: The authorisation and supervisory regime for master trusts, or • contract-based DC schemes (eg group personal pension schemes)—for further information on which, see Practice Note: Winding up of personal pension schemes Legislation caters specifically for hybrid schemes (with a mix of defined benefit
PRECEDENTS
1 Introduction 1.1 Maintaining business records in a methodical and reliable way is essential to comply with our legal and regulatory requirements, eg relating to data protection, tax and employment. It also reduces the costs and risks associated with retaining unnecessary information. 1.2 This records management policy has been developed to help staff properly manage the records of [insert organisation name]. It sets out: 1.2.1 what records are; 1.2.2 how records should be classified and stored; 1.2.3 how long different classes of record should be retained; 1.2.4 how records should be disposed of. 2 Responsibility and application 2.1 [Insert name, department or role holder] is responsible for this policy. 2.2 This policy applies to all staff, which for these purposes includes employees, temporary and agency workers, other contractors, interns and volunteers. All staff must be familiar with this policy and comply with it. 2.3 This policy does not form part of any employee’s contract of employment and [insert organisation name] may supplement or amend this policy with additional policies and guidelines from time to time. Any new or modified policy will be circulated to staff before being adopted. 3 What are records? 3.1 A record is something which contains information.
PRACTICE NOTES
Delay in completion of the landlord’s works can be of far greater concern to a tenant than whether the works have been built in accordance with the specification or if the collateral warranties or contract assignments will be delivered as promised. Usually, the tenant's primary objective is to get into the premises and begin trading. As such, the date for completion of the developer/landlord’s works is key—the target completion date will usually, however, be subject to extensions of time. This Practice Note looks at how the target date for completion may be pushed out and what happens if the landlord does not complete the works on time (including the potential for liquidated damages). It also considers how the tenant may be given early access to the property to carry out its own fitting out works. Extensions of time The usual position under an agreement for lease is that the tenant will be required to enter into the lease once practical completion, as defined under the agreement for lease, has been achieved. Practical completion
PRACTICE NOTES
This Practice Note considers how to commence an arbitration under the 2026 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules apply to any ICC arbitrations commenced on or after 1 June 2026 unless the parties expressly agree that an earlier version of the ICC Rules will apply. For an introduction to the 2026 ICC Rules, see Practice Note: ICC (2026)—introduction to the ICC and arbitration under the ICC Rules. For links to guidance on the 2021, 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview. Prior to commencing an arbitration pursuant to the ICC Rules When a dispute arises, it is essential for parties and their advisors to review the dispute resolution clause in the relevant contract. Assuming that the clause provides for arbitration under the ICC Rules, at the outset, the parties should consider: • any limitation period (either contractual or statutory) within which the arbitration must be started. For more information under English and Welsh law, see Practice Note: Limitation periods in arbitration
PRECEDENTS
This Precedent is a step-in rights clause to be included in a third party rights memorandum in favour of a beneficiary (eg purchaser, tenant, funder) from a consultant or contractor. These rights are granted under the Contracts (rights of Third Parties) Act 1999 (C(RTP)A 1999) rather than by the use of a collateral warranty. An optional priority of step in clause is included, to be used to give one beneficiary priority of step in over other beneficiaries with step in rights—this is often required by funders. Step-in rights from consultant or contractor—third party rights memorandum 1 The [Consultant OR OR Contractor] warrants and agrees that it will not without first giving the Beneficiary not less than [twenty-eight (28)] days notice in writing exercise any right it may have to terminate the [Appointment OR Building Contract] or to treat the same as having been repudiated by the Employer or to discontinue the performance of any obligations to be performed by the [Consultant OR Contractor] under the [Appointment
PRACTICE NOTES
On every construction project which requires external funding, the lender will appoint its own team of lawyers to draft and/or negotiate the various documents. Part of the long list of documents which need to be agreed are the development and construction documents. The lender will appoint its own construction lawyer to review the construction documents and to negotiate with the borrower’s lawyer where it considers that changes are required. The lender’s lawyer will want to see that the construction documents protect both the borrower’s and the lender’s interests, both in the short term (while construction takes place) and in the longer term (after construction). This Practice Note highlights the construction documents which a lender’s lawyer will typically review and the issues which will be key from the lender’s perspective. In this Practice Note, the term borrower is used to describe the party who is borrowing money from the lender. The borrower will generally be the developer or the employer under the building contract (and this Practice Note assumes that this is the case). Package