An arbitration agreement is evidence that the parties have consented to resolve the dispute by arbitration and that consent, once given validly, cannot be unilaterally withdrawn. Further, the obligation to arbitrate is independent and separable from the main contract. Should one party breach that agreement by attempting to resolve the dispute by way of legal proceedings in a court, there are remedies available both nationally and internationally to enforce the obligation to arbitrate as evidenced by the arbitration agreement. The remedy of enforcement of an arbitration agreement by a stay of proceedings By section 9(1) of the Arbitration Act 1996 (AA 1996), a party to an arbitration agreement against whom legal proceedings are brought in respect of a matter which under that agreement is to be referred to arbitration, may apply to the court in which the proceedings have been brought to stay the proceedings, so far as they concern that matter. By AA 1996, s 9(3), such application may not be made by that party before taking the appropriate

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 Customer [insert information about the business of the Customer] wishes to [insert objectives of the project]. (B) The Supplier is a provider of [insert business of the Supplier] and has experience in [insert services being procured]. (C) The parties have agreed to contract with each other in accordance with the terms and conditions set out below. THE PARTIES AGREE: 1 Definitions 1.1 In this Agreement: Acceptance Criteria • in respect of an Iteration means criteria formulated by the Development Team that determine whether Software developed in respect of that Iteration is of satisfactory quality and, in respect of a Release, whether the Features are of satisfactory quality, in each case as approved by

ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: On 5 September 2023, CIETAC introduced new revisions (Revisions) to its current 2015 arbitration rules, in response to the growing needs for flexibility and efficiency in the digital age and evolving practice in international arbitration following a revision plan initiated in April 2021. The Revisions across over 30 articles include digital case management, multi-tiered arbitration agreements, jurisdiction, multi-contract arbitrations, arbitral procedures and other challenging issues. The Revisions will become effective from 1 January 2024, and apply to all CIETAC arbitrations commenced as of that date. CIETAC’s current arbitration rules took effect from 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it currently reflects CIETAC's structure and role as set out in the CIETAC Rules 2015. This Practice Note covers arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which apply to arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84) or those CIETAC arbitrations commenced before that date where the parties agree to apply

THIS PRACTICE NOTE APPLIES ONLY TO PENSION SCHEMES IN ENGLAND AND WALES What is contractual enrolment? Contractual enrolment is where workers are enrolled into a pension scheme under the terms of their employment contract and (by reference) the rules of the scheme. By contrast, auto-enrolment is where workers are enrolled automatically into a qualifying scheme in accordance with the statutory regime under the Pensions Act 2008 (PenA 2008). The main advantage of contractual enrolment is that if the employer enrols all of its workers contractually into a qualifying pension scheme (including those workers who the employer is not required to enrol automatically under statute), it does not need to assess all of its workers under the auto-enrolment regime. For this reason, contractual enrolment is generally perceived as a simpler option to auto-enrolment. However, contractual enrolment could also potentially introduce administrative complexity or confusion due to the way in which it interacts with the auto-enrolment regime. Employers should therefore keep track of which workers have been enrolled contractually and which have been enrolled automatically in order to ensure that they comply

This Checklist sets out a number of practical steps that a sub-contractor should consider taking in the event that the main contractor on a construction project becomes insolvent during the course of the works. It assumes that the sub-contractor has been engaged on written terms by a main contractor for a specific sub-contract package on a construction project and that the main contractor has been paying the sub-contractor directly (ie there is no project bank account, escrow account or other arrangement as to payment). For guidance on how to spot potential problems with solvency and how to protect the sub-contractor’s position at the outset of a project, see Practice Note: Construction insolvency—how to spot problems and how to protect yourself—sub-contractors. In the event that the main contractor engaged on a construction project has become insolvent, the sub-contractor needs to act quickly and consider all the practical and legal steps it can take to protect its position. Steps that the sub-contractor should consider taking are set out below. However, it should be noted that the sub-contractor’s

General This Precedent is a long-form maternity policy, suitable for inclusion in a staff handbook or use as a stand-alone policy. This maternity leave policy reflects the minimum leave rights under the Maternity Protection Act, 1994 (Ireland), the Maternity Protection (Amendment) Act, 2004 (Ireland), the Adoptive Leave Acts 1995 (Ireland)and Adoptive Leave Act 2005 (Ireland)and the Work Life Balance and Miscellaneous Provisions Act 2023 (Ireland). When drafting and operating this policy the employer will need to bear in mind discrimination issues. Maternity leave The basic rights are to take up to one year's leave, regardless of the employee's length of service. This is made up of up to 26 weeks' ordinary maternity leave (OML) and up to 16 weeks' additional maternity leave (AML). There is a period of two weeks' compulsory maternity leave during which the employee is not permitted to work. Maternity leave rights are only available to employees under a contract of employment. Maternity pay If the employee meets the qualifying conditions for social welfare maternity benefit (from the Department of Social Protection), up to 26 weeks

This Practice Note summarises key decisions on the enforceability of post-termination restrictions (restrictive covenants) in contracts of employment and sets out examples of cases which practitioners may find helpful as illustrations of the courts’ approach. For a Practice Note summarising key decisions on restraint of trade provisions in commercial and corporate contracts, see Practice Note: Decisions on restrictive covenants in commercial contracts. Garden leave provisions Employers must provide sufficient evidence when attempting to establish a legitimate business aim (ICAP v Berry) Role CEO ICAP v Berry [2017] EWHC 1321 (QB)See also News Analysis: Garden leave and TUPE (ICAP Management Services v Berry) Terms of restriction 12-month notice period with garden leave Validity Valid Notable points The protection of confidential information in the employee’s possession was a legitimate business aim. The employee had freely agreed to the garden leave provision within his contract. In addition, the employee was unlikely to be out of pocket or to suffer a reduction or stagnation in skills during the

This Practice Note provides an overview of de-risking in the context of financial services firms’ anti-money laundering (AML) and counter-terrorist financing (CTF) efforts. It examines the key sectors and customers impacted, outlines the relevant legal and regulatory requirements, including the overlay with the Financial Conduct Authority’s (FCA) Consumer Duty, and discusses the FCA’s expectations and focus. It also considers legal and regulatory initiatives aimed at addressing de-risking, including the FCA’s review of bank account closures, its review of the treatment of domestic Politically Exposed Persons (PEPs) and statutory amendments relating to domestic PEPs in the Money Laundering and Terrorist Financing (Amendment) Regulations 2023, SI 2023/1371. Key points Key points are as follows: • the UK legislative and regulatory framework requires FCA authorised firms and firms registered with the FCA for supervision under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 (MLRs) to adopt a risk-based approach to identify, assess and manage ML/TF risk • a risk-based approach to AML/CTF necessitates that customer due diligence (CDD)

Introduction to the Insurance Act 2015 The Insurance Act 2015 (IA 2015) received Royal Assent on 12 February 2015 and, apart from Part 6 of the Act, came into force on 12 August 2016. It represents the most comprehensive update of the statutory framework of English law for insurance contracts since the Marine Insurance Act 1906 (MIA 1906). This Practice Note considers the key provisions of IA 2015 and how they reform the law. It also considers reforms that are effected by the Enterprise Act 2016 (EA 2016), the relevant provisions of which came into force in May 2017. This Practice Note deals with provisions in IA 2015 relating to: • duty of fair presentation • remedies for breach of that duty • warranties and other terms • fraudulent claims • amendments to the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) • contracting out, and • damages for late payment of insurance claims The reforms in IA 2015 that apply to the insured’s duties of disclosure and representations

This Checklist explains how notices to quit to stop tacit relocation operating in commercial leases in Scotland should be served, It considers who/which party may serve a notice to quit, when notice to quit must be given and the method of service of a notice to quit. It does not deal with notices to quit residential or agricultural property nor does it deal with specific protection for shop tenants under the Tenancy of Shops (Scotland) Act 1949 (see Practice Note: Protection for shop tenants). In Scotland, the doctrine of tacit relocation means that commercial leases will not terminate at the stated contractual expiry date, but rather be extended, unless either party serves a notice to quit in time to terminate at the contractual expiry date and this is followed up by acting on the notice or the tenant confirming in a separate document that it will vacate on the specified termination date. It is important that the notice to quit is both correctly drafted and correctly served.

Arbitration analysis: In an arbitration that spanned almost a decade, why was no compensation awarded despite a treaty breach being found? Manthi Wickramasooriya, an associate solicitor in the London office of Quinn Emanuel Urquhart & Sullivan, explains the tribunal’s reasoning.

This week's edition of Commercial weekly highlights includes: a Privy Council judgment in Anheuser-Busch International Inc v Commonwealth Brewery Ltd concerning the reasonableness of the notice period for terminating a distribution agreement, news that the Committee of Advertising Practice has issued an enforcement notice requiring clear and prominent disclosure of loot boxes in certain mobile game app store listings and a news analysis on the European Union‘s Sustainability Omnibus Directive published on 26 February 2026.