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Is the award complete?—checklist On receipt of the arbitral award, parties should check that it is 'complete' in the sense of meeting formal requirements, noting their importance for the purposes of any challenges and/or appeals in respect of the award or its recognition and enforcement. The following Checklist, while not exhaustive, sets out some of the key considerations: • Is it in writing? • Do the relevant rules allow for electronic transmission (see eg LCIA Arbitration Rules art 26.7—the LCIA Rules (and many others) give primacy to making and transmitting awards in electronic form) • Has it been signed by all the arbitrations or those assenting to it? (Note that several sets of institutional rules (including the LCIA Arbitration Rules (art 26.6)) provide for signing by only the majority or the presiding arbitrator in certain circumstances) • Does it state the seat of the arbitration by city and country? • Does it state the date it was made/rendered? • Are there any specific requirements for the award stipulated in
Drafting arbitration agreements—checklist This Checklist provides a list of matters to consider when drafting an arbitration agreement/arbitration clause. Although the parties may not be focussed on potential disputes when negotiating their substantive agreement, it is advisable to consider carefully the provisions of the arbitration agreement in some detail, with the benefit of specialist advice as necessary. Should an issue arise under the substantive agreement, the parties will not want to spend time deciding on, and even litigating, how to resolve the dispute. A Precedent arbitration clause for inclusion in a contract is available here: Arbitration clause. When drafting an arbitration agreement, consider: • in general: ◦ is the agreement clearly drafted? Avoiding ambiguity is generally considered to be important when drafting any form of agreement, and that advice applies with equal force to arbitration agreements ◦ have you used a standard or model clause from an arbitral organisation, another agreement, or a precedent bank? If so, is it current, and/or does it need to be adapted for your agreement? If...
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Choosing an arbitral seat—Austria Due to Austria’s geographical location and political neutrality, the country’s reputation for resolving international commercial disputes is traditionally strong. Accordingly, Austria can be considered one of the major centres for arbitral proceedings in Europe. This Practice Note considers information relevant for those considering Austria as a legal seat of arbitration. For more information on the arbitral seat, see Practice Notes: The seat of the arbitration and Choosing the seat of arbitration. Why Austria? • political neutrality • modern and well-developed arbitration law (a UNCITRAL Model Law country) • sophisticated international administering institution (Vienna International Arbitral Centre (VIAC)) • arbitration-friendly courts • proceedings to set-aside an arbitral award are to be decided by the Supreme Court as first and only instance • very active arbitration community • strong ties with Central and Eastern Europe as well South Eastern Europe, as well as increased ties with China The legal environment Austrian arbitration law forms part of the Austrian Code of Civil Procedure (sections 577...
LCIA (2020)—emergency arbitrator and expedited tribunal This Practice Note concerns LCIA arbitration proceedings pursuant to the LCIA Arbitration Rules 2020 (the LCIA rules) effective from 1 October 2020. For practical guidance on arbitration pursuant to the LCIA Rules 2014 and 1998, the previous versions, please see the relevant Practice Notes here: LCIA arbitration—overview. Under the LCIA Rules, a party who requires urgent assistance prior to the formation of a tribunal can apply to the LCIA Court under LCIA, art 9 for one or both of: • expedited formation of the tribunal (LCIA, art 9A) • appointment of an emergency arbitrator (LCIA, art 9B) The LCIA has provided guidance on both procedures in its Notes on Emergency Procedures here. A party may also apply to a court for relief pending the appointment of a tribunal or, in certain circumstances, after its appointment. For emergency relief available from the English courts, see: • AA 1996—interim and emergency measures—arbitration—England and Wales—overview • AA 1996—interim and/or emergency relief—tribunal or court? • AA...
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Deed of retirement from partnership This Deed of retirement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of retiring partner] of [insert address] (Retiring Partner), and 2 The persons whose names and addresses are set out in Schedule 1 (Continuing Partners). Recitals: (A) The Partners have been carrying on business in partnership under the terms of the Partnership Agreement. (B) The Retiring Partner is to retire from the Partnership on the Retirement Date. (C) The provisions of this deed shall apply to the retirement of the Retiring Partner in place of any provisions of the Partnership Act 1890 and the Partnership Agreement that would otherwise apply to the retirement of the Retiring Partner. The parties agree: 1 Definitions and interpretation 1.1 In this deed: Accountants • means [insert name of Partnership's accountants] or such other firm of accountants as may be appointed to replace them in accordance with the provisions of the Partnership Agreement; Accounting Date • means [insert Partnership accounting date]; Accounting...
Preliminary meeting in arbitration—agenda and submissions Between: [Insert name of CLAIMANT]        Claimant -and- [Insert name of RESPONDENT]        Respondent CLAIMANT’s proposed agenda and submissions for preliminary meeting to be held on [insert date] 1 Prior to this preliminary hearing, the parties have sought to agree in correspondence on various procedural matters. [Refer to any key correspondence copied to the tribunal on these matters.] 2 The Claimant respectfully submits that the following key issues regarding the arbitration should be addressed at the procedural hearing: 2.1 the applicable rules and law: [insert text, eg: The parties agree that the arbitration shall be governed by [insert applicable arbitration rules][in force as of [insert date]]]. 2.2 seat and language: [[insert text, eg: The parties agree that the seat of arbitration should be [insert place] and that the language of the arbitration should be [insert language]. Where documents are submitted in any language other than [insert language], they should be accompanied by translations.]]. 2.3 venue for hearings: [insert text]. 2.4 jurisdiction: [insert text]....
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Can a multi-tier dispute resolution (DR) clause provide for mediation between the parties in one location followed by in the absence of settlement of the dispute and arbitration in another location? Can a DR clause provide for arbitration and court litigation? Multi-tier dispute resolution clauses Contractual parties are free to agree, subject to relevant law governing validity/enforceability, that relevant disputes under their contract shall be resolved by mediation followed by, in the event that mediation is not successful, binding arbitration. Indeed, many model alternative dispute resolution (ADR) clauses provide for such an approach—see for example, Mediation followed by arbitration: Chartered Institute of Arbitrators: Atkin's Court Forms [214]. The fact that parties agree for mediation to take place in one location and for arbitration to take place in another is, once again, subject to relevant applicable law, a matter of party autonomy, although such approach will have logistical challenges for the parties and they should consider issues such as, for example, what will be the law of...
Will the Malaysian courts recognise and enforce an award issued by an arbitral tribunal seated in Singapore, where the period for setting aside the award before the Singapore courts has not expired? Malaysia is a party to the New York convention and will recognise and enforce an award provided that the award is final and binding. In Malaysia, section 38 of the Arbitration Act 2005 (AA 2005) gives recognition to arbitration awards made in an arbitration, either where the seat of arbitration is in Malaysia or where the award is issued from a foreign state. Such awards will be recognised by the Malaysian courts as being binding and enforceable in Malaysia and be entered as a judgment of the Malaysian courts, subject only to limited circumstances where such awards may be set aside, which includes where the award has not yet become binding on the parties or has been set aside or suspended by a court at the seat (AA 2005, s 39(a)(vii)). For more
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This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England and Singapore; updates from ACICA, SCIA, CAS and the Scottish Arbitration Centre; and news of the 2019 Judgments Convention entering into force in the UK. All this, and more, in our weekly highlights.
The Australian Centre for International Commercial Arbitration (ACICA) has published its 2024 case statistics, reporting a total of 54 administered matters, including 25 new filings. These comprised 13 arbitration cases, 11 expert determinations and one mediation. The total quantified value of the administered cases exceeded AUD$3.315bn, a significant increase from the AUD$2.1bn reported in 2023. The new cases covered a range of sectors, including construction, energy, finance, retail, and IT services. Sydney was selected as the seat of arbitration in 69% of new matters. International participation remained strong, with 46% of new arbitration cases involving at least one non-Australian party. In 2024, ACICA appointed arbitrators in which 50% were women, up from 33% in 2023. All appointments made by ACICA were first-time appointments, reflecting its ongoing efforts to diversify the pool of arbitrators. Preliminary data for 2025 indicates continued activity, with ten new arbitration cases already filed, collectively valued at over AUD$100m.
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