Institutional arbitration Definition

GLOSSARY

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What does Institutional arbitration mean?

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.

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Governing law and jurisdiction clauses in commercial contracts―checklist

Governing law and jurisdiction clauses in commercial contracts―checklist This Checklist of resources sets out some of the issues when considering governing law and jurisdiction in the context of commercial contracts. Governing law and jurisdiction clauses are categorised as boilerplate clauses in an agreement. For more information on boilerplate clauses, see: Boilerplate clauses—overview. For details about the role of boilerplate clauses and approaches to reviewing and drafting common boilerplate clauses, see Practice Note: The role of boilerplate. A governing law clause (also known as an applicable law clause) is used to allow the parties to specify the substantive law that will apply to the interpretation of an agreement and, in the event of a dispute, in relation to it. For an example of a governing law clause, see Precedent: Governing law clause. The applicable law clause in a contract will usually be set out alongside a jurisdiction clause. It is important to note that jurisdiction and governing law are separate issues. A jurisdiction clause is necessary to allow the parties to...

Brexit—drafting and negotiating dispute resolution clauses—checklist [Archived]

Brexit—drafting and negotiating dispute resolution clauses—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. For up to date guidance, see: Governing law and jurisdiction clauses in commercial contracts―checklist. Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Checklist. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit toolkit. This Checklist considers the implications of Brexit on drafting and negotiating dispute resolution clauses. It considers the position of applicable law clauses (also referred to as governing law clauses or choice of law clauses), jurisdiction clauses, the enforcement of judgments and the service of documents. Issue and current position Drafting and negotiation implications Applicable law During the implementation period During the implementation period, when determining which law is applicable when resolving a dispute which involves EU...

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...

International arbitration clauses—example institutional clause

International arbitration clauses—example institutional clause Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts. Arbitration can be conducted on an ad hoc basis (in accordance with a set of arbitration rules, such as the London Maritime Arbitrators Association (LMAA) Terms, and/or the applicable national arbitration law) or administered by an arbitration institution, typically in accordance with the arbitral institution’s arbitration rules. There are a variety of institutional arbitration rules available for incorporation into arbitration agreements, leading examples including those of the International Chamber of Commerce (the ICC Rules) and the London Court of International Arbitration (LCIA) (the LCIA Rules). By way of example, this Practice Note discusses, in the context of the law of England and Wales, the LCIA’s recommended arbitration clause for future disputes, although it should be noted that the points made may be relevant to other institutional arbitration clauses. Example institutional clause: LCIA model clause for future disputes ‘Any...

Discover our 114 Practice Notes on Institutional arbitration

Chinese European Arbitration Centre (CEAC) model arbitration clause

The Chinese European Arbitration Centre (CEAC) model arbitration clause and accompanying explanatory comments are as follows. Note: the provisions in (a) through (g) are optional. For further explanations, see the explanatory comments. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by

Ireland—Arbitration clause

Ireland—Arbitration clause This is a precedent arbitration clause for future disputes, which can be used for international and domestic arbitrations and includes optional language for ad hoc or institutional arbitration. If ad hoc arbitration is chosen, the clause includes language for both a sole arbitrator tribunal and a three arbitrator panel and alternative methods for the selection of arbitrators. The clause also includes optional language, either in the clause or in drafting notes, regarding the seat of the arbitration, the law of the arbitration agreement, the language of the proceedings, and the finality of the award. This Precedent may be referred to as an arbitration agreement for inclusion in a contract or agreement. A precedent arbitration clause may also be referred to as a template or model clause. An arbitration agreement is a contract between parties to submit future or existing disputes to arbitration. As is the case with this Precedent, the arbitration agreement usually takes the form of a clause in a substantive contract between the parties, which is,...

Dive into our 2 Precedents related to Institutional arbitration

USA—Examining the arbitration clause landscape amid risks

Law360: For more than a decade, companies have benefited immensely from the US Supreme Court's 2011 decision of AT&T Mobility LLC v Concepcion, which upheld a company's right to compel consumers into participating in individual arbitration proceedings, and largely abrogated stricter standards for determining the unconscionability of class action waivers.

Arbitration weekly highlights—16 November 2023

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions in France and Hong Kong; coverage of a Permanent Court of Arbitration (PCA) decision on arbitrator disqualification; updates from the Saudi Centre for Commercial Arbitration (SCCA), Cairo Regional Centre for International Commercial Arbitration (CRCICA) and China International Economic and Trade Arbitration Commission (CIETAC); and a number of artificial intelligence (AI) related articles. All this, and more, in our weekly highlights.

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