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Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales) STOP PRESS: This Practice Note has been updated in light of the new Arbitration Act 2025 and contains reference to amended provisions in the Arbitration Act 1996. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force? This Practice Note considers the procedural law of arbitration proceedings and how it is determined under the law of England and Wales (England and English are used as convenient shorthand). The procedural law of the arbitral proceedings The procedural law of an arbitration is also called the 'lex arbitri' or the 'curial law'. It provides the framework for the internal procedure of the arbitration itself and the power of the courts supervising and supporting the arbitration. The detail of how an arbitration is to be proceeded is usually determined by any applicable arbitration rules, the procedural orders of the tribunal, and the parties' agreement. The curial law can,...

Challenging Jurisdiction and Anti-suit Injunctions in support of Arbitration in Singapore

Challenging Jurisdiction and Anti-suit Injunctions in support of Arbitration in Singapore Challenging the jurisdiction of the tribunal pre-award—Singapore’s Arbitration Act and International Arbitration Act Singapore has a dual arbitration regime with the Arbitration Act, 2001 (the ‘AA’) governing domestic arbitrations and the International Arbitration Act 1994 (the ‘IAA’) governing international arbitrations whether seated in Singapore or abroad. Both the AA and the IAA recognise the principle of separability, which treats the arbitration agreement as distinct and independent from the underlying contract. They also incorporate the doctrine of Kompetenz-Kompetenz which confers upon the tribuna authority to determine its own jurisdiction—including a determination that it does not have jurisdiction over the dispute between the parties. The High Court of Singapore in Malini Ventura v Knight Capital Pte Ltd observed that the UNCITRAL Model Law on International Commercial Arbitration (Model Law). The Model Law Article 5 confers upon the arbitral tribunal the power to determine whether it has jurisdiction to hear the disputes in question, including the validity and...

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ICC—Answer to Request for Arbitration

ICC—Answer to 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], [Insert ICC Reference number] Answer to Request for Arbitration: [Party names] [Law firm case reference number] We confirm that we act on behalf of [name of respondent party], the Respondent party in the above arbitration proceedings. The Respondent received your letter dated [Insert date] plus enclosures including the request for arbitration (the Request) on [Insert ]. Pursuant to article 5 of the 2021 ICC Rules of Arbitration (ICC Rules), we enclose the Respondent’s answer to the request for arbitration and counterclaim (the Answer). [The Respondent requests, in accordance with art 5(3) of the ICC Rules, that the Secretariat transmits the Answer by delivery against receipt, registered post or courier. We enclose [number] copies.] Kindly acknowledge receipt of this Answer. Yours faithfully, [Name of Respondent's counsel] IN THE...

Response for an adjudication

Response for an adjudication IN THE MATTER OF THE housing grants, construction and regeneration act 1996 And IN THE MATTER OF AN ADJUDICATION BEFORE [Name of Adjudicator] Between [Name of party 1]        The Referring Party and [Name of party 2]        The Responding Party _______________________________________ RESPONSE _______________________________________ Introduction 1 This is the Responding Party’s Response to the Referring Party’s Referral Notice served on [date] (the Referral). 2 This Response is accompanied by a bundle, which includes the following materials: 2.1 chronology of relevant events at tab [insert] (Tab [insert]) 2.2 [insert] at tab [insert] (Tab [insert]) 2.3 [insert] at tab [insert] (Tab [insert]) 3 In this Response, references to the documents and materials accompanying the Notice of Adjudication and Referral are in the form used by the Referring Party. 4 This Response addresses the key issues in dispute. It does not respond to the Referral on a paragraph-by-paragraph basis, nor answer every allegation made in the Referral. For the avoidance of doubt, however, all allegations made by...

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France: clarifying the threshold for suspending annulment proceedings on state aid grounds (OMV v The Romanian Ministry of Environment)

Arbitration analysis: In a decision dated 25 March 2025, the Paris Court of Appeal ruled on the conditions under which annulment proceedings against an arbitral award may be stayed in light of a pending or anticipated assessment by the European Commission regarding the compatibility of said award with EU state aid rules. The ruling clarifies the burden of proof borne by parties invoking EU law-based objections to enforcement of arbitral awards. Written by Flore Poloni, partner & Kimberley Bazelais, associate at Signature Litigation.