Arbitrator Definition

GLOSSARY

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What does Arbitrator mean?

A person appointed by or on behalf of the parties to an arbitration to resolve their dispute. An arbitrator may be the sole arbitrator in an arbitration or may be one of a panel of arbitrators (generally, three).

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Completing the JCT 2016 Intermediate Building Contract Particulars—checklist

Completing the JCT 2016 Intermediate Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This Checklist...

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...

LCAM Expedited Arbitration Rules (2022)

LCAM Expedited Arbitration Rules (2022) Background Several arbitral institutions and indeed even the UNCITRAL have in recent years developed expedited or fast track rules for low value disputes and for parties looking to avoid a lengthy arbitration process. Typically, these rules provide for the arbitral process to be conducted on a truncated timeline with a final award to be rendered within three or six months of commencement. For a general discussion on Expedited Rules, see Practice Note: Expedited (aka fast-track) arbitration. This note considers LCAM’s Expedited Arbitration Rules (the Expedited Rules), which have been in force since 1 September 2022, see Practice Note: LCIA (2020)—guidance on creation of a fast-track procedure. As Article 1.2 of the Expedited Rules state, they entail ‘…a complete stand-alone documents-only procedure for the resolution of disputes through arbitration by a sole arbitrator appointed by LCAM. The procedure administered by LCAM under the Rules is intended to be simple, expedited and cost effective’. The LCAM Expedited Rules stand out from the crowd in the following...

Alternatives to litigation—contentious trusts and estates

Alternatives to litigation—contentious trusts and estates The traditional approach to disputes has been to resort to litigation rather than using the less contentious methods of alternative dispute resolution (ADR). At the heart of a trust, which creates binding equitable obligations on the trustees enforceable by the beneficiaries, is essentially a personal relationship. In the case of a dispute that personal relationship might be exposed to attack for a variety of reasons, such as lack of validity of the trust or improper administration of the trust by the trustees. Disputes between trustees and beneficiaries can be traumatic and generally cast a pall over any future meaningful relationship. Clearly there are cases where litigation is the only solution but the courts generally expect the parties to try to resolve the dispute by alternative means. In contentious estates matters, as in many trust disputes, there is usually a personal relationship between the parties and psychological factors, such as the affect of the grieving process on decision making. The Civil Procedure...

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Articles of association—joint venture company—corporate real estate—deadlock (50:50)

Articles of association—joint venture company—corporate real estate—deadlock (50:50) Private Company Limited By Shares Articles of Association of [Insert name of company] Limited (Incorporated in England and Wales under registered no. [insert number]) (Adopted by Special Resolution passed on [insert date] 20[insert year]) 1 Model Articles 1.1 The Model Articles shall apply to the Company, except insofar as they are modified or excluded by these Articles or are inconsistent with these Articles, and, subject to any such modifications, exclusions or inconsistencies, shall together with these Articles constitute the articles of association of the Company to the exclusion of any other articles or regulations set out in any statute or in any statutory instrument or other subordinate legislation. 1.2 The whole of Model Articles 6(2) (committees), 7 (directors to take decisions collectively), 8 (unanimous decisions), 9(3) and 9(4) (calling a directors’ meeting), 11(2) and 11(3) (quorum for directors’ meetings), 12 (chairing of directors’ meetings), 13 (casting vote), 14(1–5) (conflicts of interest), 16 (directors’ discretion to make further rules), 17 (methods of appointing...

Systems integration agreement—pro-supplier

Systems integration agreement—pro-supplier This AgrEement is made on [date] Parties 1 [insert name of supplier], 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], 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 wishes to procure software, [hardware], software configuration and development services, installation services and other related services. (B) The Customer has agreed to procure the Services from the Supplier and the Supplier has agreed to provide the Services to the Customer on the terms and conditions of this Agreement. The parties agree as follows: 1 Definitions and Interpretation 1.1 In this Agreement the following terms have the following meanings: Acceptance • means that: (a) the Customer confirms in writing that the...

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A landlord and a tenant are in dispute about whether the tenant’s current use of the premises is permitted by the user clause in the lease. The landlord proposes to vary the user clause to reflect the tenant’s current use of the premises but the tenant opposes this because it believes that it is not in breach of the user clause and also because the variation could lead to an increase in rent upon review. Is this a dispute that could be referred to a professional arbitration on court terms expert or arbitrator?

A landlord and a tenant are in dispute about whether the tenant’s current use of the premises is permitted by the user clause in the lease. The landlord proposes to vary the user clause to reflect the tenant’s current use of the premises but the tenant opposes this because it believes that it is not in breach of the user clause and also because the variation could lead to an increase in rent upon review. Is this a dispute that could be referred to a professional arbitration on court terms expert or arbitrator? What is PACT? PACT stands for ‘professional arbitration on court terms’. It is a joint initiative of the Law Society and the Royal Institution of Chartered Surveyors. It provides a procedure which permits parties who wish to introduce a renewal lease under the Landlord and Tenant Act 1954 (LTA 1954) to submit the resolution of disputes concerning that renewal lease to an independent third party. The independent third party can act as an...

Does Part 11 of the CPR apply to Part 7 claims issued in the County Court Money Claims Centre (CCMCC)? If yes, if an Act requires compensation claims to be arbitrated, does Part 11 allow me to apply to have a declaration of the court if such a claim was issued under Part 7?

Does Part 11 of the CPR apply to Part 7 claims issued in the County Court Money Claims Centre (CCMCC)? If yes, if an Act requires compensation claims to be arbitrated, does Part 11 allow me to apply to have a declaration of the court if such a claim was issued under Part 7? CPR 11 CPR 11 concerns how a party may contest jurisdiction, either by arguing that the courts of England and Wales do not have jurisdiction to try a claim or by arguing that they should not exercise such jurisdiction because there is a more appropriate forum for the claim elsewhere (an argument on ‘non conveniens’ grounds). The purpose of having specific procedural rules is to avoid confusion regarding what steps will amount inadvertently to accepting jurisdiction, and to ensure that jurisdictional challenges are raised at an early stage. The procedure set out is that the party seeking to contest jurisdiction must first file an acknowledgment of service in accordance with CPR Part...

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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.

USA—Vacatur of awards for excess of powers (Hidroelectrica Santa Rita v Corporacion AIC S.A.)

Arbitration analysis: Hidroelectrica Santa Rita S.A. (‘HSR’) obtained an arbitral award against Corporacion AIC S.A. (‘AICSA’) following the cancellation of a hydroelectric project in Guatemala. AICSA applied to the US Courts to annul the award on the basis that the arbitral tribunal exceeded its powers. AICSA’s application was initially declined because the courts declared themselves bound by an Eleventh Circuit precedent that precluded vacatur of non-domestic awards on the basis of excess of powers. The Court of Appeal for the Eleventh Circuit, however, reversed this precedent thus conforming to other Federal Circuits. The decision on vacatur was remanded back to the District Court, which found that the arbitral tribunal had not exceeded its powers. The Court of Appeal upheld this decision confirming that a high hurdle must be surmounted before a court will hold that an arbitral tribunal has exceeded its powers. So long as an arbitral tribunal is even arguably construing or applying the contract—their decision must stand. Written by Alex Wilbraham, solicitor England and Wales, attorney California, independent...

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