Get to know the Arbitration Act 1996 inside out with our guidance on all the key sections that make up the Act. Plus, we'll link them to commentary titles like Butterworths Challenges in Arbitration.
Guidance on arbitration pursuant to the rules of leading arbitral institutions, associations and organisations including the ICC, LCIA, LMAA and SIAC.
Detailed guidance on key tasks, processes and issues, including: remote hearings in international arbitration, cybersecurity and international arbitration, data protection/GDPR and arbitration.
From detailed guidance on starting an arbitration, help with jurisdictional challenges, appealing and enforcing arbitral awards, to key information on major international arbitration rules, here's the place to start.
This week's edition of Arbitration weekly highlights includes: a decision from the English Commercial Court concerning whether a clause constituted an...
Law360, London: In recent years, there has been a surge of enforcement cases against states, especially outside the EU, following a series of...
Bryan Cave Leighton Paisner (BCLP) has published its 2024 International Arbitration Survey, focusing on the challenges posed by corruption in...
The Hong Kong International Arbitration Centre (HKIAC) has announced the establishment of its Beijing Representative Office, marking a significant...
Arbitration analysis: The Bombay High Court allowed the petitioner’s interim relief application under section 9 of the Arbitration and Conciliation...
Institutional versus ad hoc arbitration in construction disputesArbitration can be conducted under either self-administered ad hoc or institutional...
Arbitration in New Zealand—an introductionThis Practice Note should be read in conjunction with Practice Note: Arbitration in New Zealand—recognition...
HKIAC (2024)—tribunal's powersThis Practice Note provides guidance on the arbitral tribunal’s powers pursuant to the Hong Kong International...
HKIAC (2024)—the awardThis Practice Note provides guidance on the arbitral award in arbitration proceedings pursuant to the Hong Kong International...
HKIAC (2024)—responding to a HKIAC arbitrationThis Practice Note provides guidance on responding to a Notice of Arbitration pursuant to the Hong Kong...
Confidentiality agreement—arbitrationThis confidentiality Agreement is made on [date]Parties1[Name of entity], a [type of entity] incorporated under...
Anti-suit injunction in support of arbitration—supporting witness statementClaimant[[insert number of witness statement eg First]] witness statement...
Procedural order for a remote online hearing in international arbitrationPROCEDURAL ORDER NO. [insert number]Having considered the parties’...
Project management plan—arbitrationPRIVILEGED AND CONFIDENTIAL[COMPANY NAME]ARBITRATION WITH [NAME][CASE...
Anti-suit injunction in support of arbitration—arbitration claim formThis Precedent claim form, with accompanying Drafting Notes, is for making an...
Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a...
Ad hoc arbitration—an introduction to the key features of ad hoc arbitrationAn ad hoc arbitration is any arbitration in which the parties have not...
International arbitration—key differences between international and domestic arbitrationIn many jurisdictions, there are relatively few substantive...
Arbitral awards—types, requirements and effectNote: some of the guidance in this Practice Note was developed from content originally produced in...
Arbitration—an introduction to the key features of arbitrationThis Practice Note provides an introduction to arbitration and its key features, with a...
The seat of the arbitrationThis Practice Note considers the key concept of the seat of an arbitration, with a particular focus on the law of England...
Umbrella clauses in investment treaty arbitrationWhat is an umbrella clause?An umbrella clause (known also as an umbrella agreement or an observance...
Institutional arbitration—an introduction to the key features of institutional arbitrationWhat is institutional arbitration?An institutional...
ICC (2021)—fees, advances and costsCORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical...
Commodities—types of contract and disputesAn introduction to contracts for the sale and purchase of commoditiesContracts for the sale and purchase of...
Settlement in arbitrationThis Practice Note considers issues relating to settlement of disputes in the context of arbitration proceedings. This topic...
Expropriation—investment treaty arbitrationA definition of expropriationIn the context of investment treaty arbitration, expropriation occurs when a...
Partial awards in arbitrationParties to an arbitration may wish to make an application to the arbitral tribunal for an award to be made on a specific...
International arbitration—an introduction to the key features of international arbitrationThis Practice Note provides an introduction to some of the...
Substantive law of the dispute in arbitration (England and Wales)This Practice Note considers the laws an arbitral tribunal should apply when making...
AA 1996—challenging and appealing arbitral awards in the English courtGrounds of challenge or appeal against arbitration awardsAn arbitral award can...
Procedural Order for directions following preliminary meeting in arbitrationPROCEDURAL ORDER NO. [1]Having heard representatives for both the...
Document production in international arbitration—a practical guideThis Practice Note provides practical guidance on document production in...
Arbitration administered by an arbitral institution. Generally, an institutional arbitration is conducted in accordance with the arbitral institution’s own arbitration rules, such as the LCIA Arbitration rules. Institutional arbitration is also referred to as administered arbitration, but arbitrations can be administered by other bodies too, such as trade associations.
jurisdiction (sometimes referred to as substantive jurisdiction, including under the AA 1996) is an important and frequently encountered concept in arbitration, which encompasses issues such as whether the tribunal has, under the relevant arbitration agreement and any applicable laws/rules, the authority to determine the relevant dispute. In arbitration it is generally established in national laws (eg AA 1996, s 30(1)) and arbitration rules that the arbitral tribunal should be able to rule on whether it has jurisdiction to determine the dispute referred to it—this is often referred to as the principle of kompetenz-kompetenz (or competence-competence). However, the tribunal’s determination of its own jurisdiction is not generally considered absolute. If the tribunal lacks jurisdiction (for example, the arbitration agreement was invalid or the tribunal was improperly constituted), this may provide grounds to object to the tribunal’s authority to preside over the arbitration, which is typically done during the proceedings themselves, and may also be the subject of set-aside or contested proceedings for recognition and enforcement. As for applicable law, what law applies to, or governs, the arbitration proceedings (the lex arbitri or curial law), the arbitration agreement, and the parties’ substantive dispute, will all need to be considered and determined in an arbitration. Often such matters are clearly agreed and expressed between the parties, usually in a substantive contract between them. However, sometimes the applicable law(s) are unclear, and may be the subject of argument and challenge. AA 1996—jurisdiction and applicable law—England and Wales—arbitration—overview provides links to practical guidance on these two key concepts, as well as related matters including: the power of the court to stay (ie pause indefinitely) litigation proceedings commenced in breach of an arbitration agreement; the power of the court to issue an injunction with respect to a party commencing/pursuing litigation proceedings in another jurisdiction in breach of an arbitration agreement (ie an anti-suit injunction); the power of the court to issue an injunction with respect to a party commencing/pursuing arbitration proceedings in breach of the parties’ contractual bargain (ie an anti-arbitration injunction); the power of the court to issue an injunction preventing the enforcement of a court judgment (ie an anti-enforcement injunction), which may be useful if the judgment was obtained in breach of an arbitration agreement; the potential relevance of state (sovereign) immunity in arbitration, including with respect to jurisdiction and enforcement of awards; and, the interaction between arbitration and insolvency proceedings
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