Arbitral Tribunal Definition

GLOSSARY

/ˈɑːbɪtr(ə)l/ /trʌɪˈbjuːn(ə)l,trɪˈbjuːn(ə)l/

Published by a UU��ֱ�� Arbitration expert

What does Arbitral Tribunal mean?

The arbitrator(s) appointed on or behalf of the parties to an arbitration to resolve their dispute. A tribunal may consist of a sole arbitrator or a panel of arbitrators (generally, three).

View the related checklists about Arbitral Tribunal

Checklist for arbitrators on the use of AI in international arbitration

Checklist for arbitrators on the use of AI in international arbitration This Checklist aims to set out the key steps for consideration by arbitrators when using artificial intelligence systems or when AI or when AI is used in arbitral proceedings. In view of the evolving nature of the technology and applicable laws, and regulations, please be mindful that this is a non-exhaustive list. The Checklist is meant to provide best practice guidance. Understanding AI Key points Notes Definition of AI Artificial intelligence is a computer systems’ ability to showcase human-like cognitive abilities (decision-making, planning, reasoning, knowledge representation, etc). IBM defines AI as ‘technology that enables computers and machines to simulate human learning, comprehension, problem solving, decision making, creativity and autonomy.’WIPO describes AI as a discipline of computer science that is aimed at developing machines and systems that can carry out tasks considered to require human intelligence. Machine learning and deep learning are two subsets of AI. In recent years, with the development of new neural network techniques and hardware,...

Preparing for a remote hearing in international arbitration—checklist

Preparing for a remote hearing in international arbitration—checklist When preparing for a remote (virtual) hearing in arbitration proceedings there are many logistical and practical considerations to be taken into account, planned and, often, budgeted for. This Checklist should help ensure the key aspects of a remote hearing have been considered in advance so the process runs as smoothly as possible. This Checklist refers to both fully-remote hearings (when all participants are appearing remotely) and hybrid hearings (when some of the participants are present at the same location while the others are appearing remotely). Where relevant, specific considerations in relation to those two forms of hearing are set out in this Checklist. While they can bear different meanings and some practitioners have preferences for one or the other, the terms remote and virtual are used interchangeably for the purposes of this Checklist. This Checklist contemplates the requirements of merits, rather than procedural, remote hearings, although some of the points made will be relevant to both hearing types. This Checklist assumes that...

Witness conferencing in arbitration

Witness conferencing in arbitration An introduction to witness conferencing in arbitration Witness conferencing (also known as ‘hot-tubbing’ or ‘concurrent evidence’) is a process of taking evidence where two or more fact or expert witnesses testify on common issues at the same time, which is increasingly common in international arbitration. When used properly, witness conferencing may save time and costs and lead to a more efficient determination of the merits of the case. However, if not used well, witness conferencing may complicate and confuse the parties’ positions as well as add unnecessary time and cost. As discussed below, either the arbitral tribunal or the parties may propose witness conferencing, and there is a significant amount of flexibility in how witness conferencing can be structured. Witness conferencing can be shaped to reflect the specific issues in dispute, the number of witnesses and the type of evidence being adduced. In some cases, witness conferencing may take place in addition to cross-examination of the witnesses by counsel. In others, it may be...

A guide to rent review for property lawyers

A guide to rent review for property lawyers This Practice Note deals with the principles behind rent review provisions. For information on drafting and negotiating rent review clauses see Practice Notes: Rent review—a practical lease negotiation guide and Drafting index—linked rent review clauses. Onerous provisions Before getting to the rent review clause itself, the other provisions in a lease can have an impact on the reviewed rent. Points scored and gloated over when negotiating a lease can bite back when the rent comes up for review. In a weak market, the presence of onerous provisions in a lease can entirely wipe out the uplift in rent that would be achieved by a more reasonably pitched lease. In a rising market, any well-advised tenant seeking to limit rent increases at review will argue for a discount to reflect unfair or burdensome terms. While some terms are always regarded as onerous, others shift their status and effect depending on prevailing market conditions. The following are those terms most likely to be used...

Discover our 492 Practice Notes on Arbitral Tribunal

Settlement agreement—arbitration

Settlement agreement—arbitration This settlement Agreement is made on [date] Parties 1 [Name of entity], a [type of entity] with [type of liability] incorporated under the laws of [jurisdiction] with its registered address at [address] and with company number [company number] (Party 1); and 2 [Name of entity], a [type of entity] with [type of liability] incorporated under the laws of [jurisdiction] with its registered address at [address] and with company number [company number] (Party 2), each a ‘Party’ and together the ‘Parties’. Recitals: (A) A dispute has arisen between the parties [add relevant detail to give context to the dispute] (the Dispute). (B) On [date], Party 1 commenced arbitration proceedings against Party 2 (the Arbitration). On [date], the tribunal (comprising [arbitrators]) was appointed (the Tribunal). (C) [Provide further background information available to give context to this Agreement, including a brief description of the Arbitration, the arbitration agreement, the rules/procedures governing the Arbitration, whether the Arbitration is being administered by an arbitral institution and the case...

ICC—Request for Arbitration

ICC—Request for Arbitration The Secretariat of the International Court of Arbitration International Chamber of Commerce [Address of an approved ICC office and by email to the relevant address for the office] [Date] Dear [ICC Secretariat], Request for Arbitration: [Party names] [Law firm case reference number] We enclose with this letter our Request for Arbitration under the 2021 ICC Rules of Arbitration (ICC Rules) [with accompanying documents] on behalf of [name of claimant party or parties] for whom we act. Please also find enclosed [the filing fee of US$ [X,XXX]. OR A filing fee of US$ [X,XXX] has been made by wire transfer with reference [insert reference].] [The Claimant requests, in accordance with article 4(4)(b) of the ICC Rules, that the Secretariat transmits the Request by delivery against receipt, registered post or courier. We enclose [number] of hard copies.] Kindly confirm receipt to [insert contact details including email]. Yours faithfully, [Name of claimant's counsel] IN THE MATTER OF AN ARBITRATION UNDER THE ARBITRATION RULES OF THE...

Dive into our 22 Precedents related to Arbitral Tribunal

If you demand/accept payment of rent prior to formal determination of breach of covenant in respect of a residential long lease, will that constitute waiver of the right to forfeit?

If you demand/accept payment of rent prior to formal determination of breach of covenant in respect of a residential long lease, will that constitute waiver of the right to forfeit? Procedure Statute limits a landlord’s right to forfeit (this includes service of a section 146 notice (section 146 of the Law of Property Act 1925)) a long residential lease for non-payment of: • rent • service charge, or • administrative charge If the property is: • occupied—court proceedings must be used as the landlord cannot forfeit by peaceable re-entry • unoccupied—court proceedings do not have to be used, as the landlord can peaceably re-enter, but must not use or threaten violence against anyone in the property Under section 81 of the Housing Act 1996, the landlord cannot forfeit for non-payment of service charge or administration charge unless the amount payable has been: • admitted by the tenant, or • finally determined by a court, First-tier Tribunal (Property Chamber), or arbitral tribunal Once the determination is made, although...

Would acceptance of service charge payments (which are not reserved as rent) prevent a landlord from forfeiting a long lease of a residential property?

Would acceptance of service charge payments (which are not reserved as rent) prevent a landlord from forfeiting a long lease of a residential property? Waiving the right to forfeit is doing or committing any act that expressly or impliedly recognises the continuing existence of the lease. A landlord will be waiving the right to forfeit if they have knowledge of the breach (which can be imputed from knowledge by their agent) and then recognise the lease as continuing. Once a right to forfeit has arisen, the landlord will need to elect whether to try to forfeit the lease, or whether to waive the breach and treat the lease as continuing. Certain express or implied acts of the landlord can amount to a waiver of the right to forfeit, if they are consistent with treating the lease as continuing. The central question therefore is whether or not acceptance of payment of service charge would amount to an acknowledgement that the lease is continuing. A waiver of the...

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Arbitration weekly highlights—31 October 2024

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from the English courts, Hong Kong, France and the USA, and updates from UNCTAD, the IBA, ADIAC, ICSID, SCC, TNI and the Indian government in relation to the Draft Arbitration and Conciliation (Amendment) Bill. All this, and more in our weekly highlights.

Anatomy of a forgery—grant of Norwich Pharmacal relief against a law firm found to have unwittingly facilitated wrongdoing (Filatona Trading & Another v Quinn Emmanuel Urquhart & Sullivan UK LLP)

Dispute Resolution analysis: This case concerned an application for Norwich Pharmacal relief against a law firm where the granting of the relief would require the firm to disclose the identity of a London based Business Intelligence Consultancy (Consultancy) which had obtained a Russian language report (Glavstroy Report) which was alleged to be a forgery. The decision provides insights into such applications against law firms and the limitations of litigation privilege in such circumstances. Written by Natalie Todd, partner, and Sam Macintosh, associate at Cooke, Young and Keidan.

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