Arbitration

The International Chamber of Commerce (ICC) has released the concluding instalment of its six-part series concerning the 2026 ICC Arbitration Rules, set to take effect on 1 June 2026......

Zalina Kanametova v OSG Records Management [Europe] Limited [2026] EWHC 1196 (Comm) Incentive agreement Judge Neil Cadwallader of the Commercial Court, King’s Bench Division, within the High Court of England and Wales, held that the LCIA arbitrator’s decision was rightly issued on evidence showing the long-term incentive agreement (LTI) said to guarantee a bonus to claimant Zalina Kanametova was not binding because it had been ‘fraudulently backdated’. As a result, the LCIA arbitrator properly determined there was no jurisdiction over Kanametova’s claim for a USD 1.3 million bonus against the respondent, Cyprus-based OSG Records Management (Europe) Ltd. (referred to as OSG). Kanametova served as general director of OSG’s subsidiary, OSG Records Management Centre LLC (referred to as OSG Russia), from 2011–18. She contended that in 2015 she executed the LTI, which included an arbitration clause, and that it was also signed by Krzysztof...

CCDM Holdings LLC v The Republic of India [2026] HCA 9 What are the practical implications of this case? The principal takeaway is that simply ratifying the New York Convention does not, of itself, waive a state’s sovereign immunity from the jurisdiction of Australian courts for the recognition and enforcement of an arbitral award. By contrast, ratification of the ICSID Convention alone operates as a waiver of immunity: Kingdom of Spain v Infrastructure Services Luxembourg Sàrl. Because this was a unanimous ruling by Australia’s apex court, it is poised to carry persuasive weight internationally on the same issue-namely, whether ratification of the New York Convention, without anything further, effects a waiver of sovereign immunity for enforcement. The judgment underscores the sharp distinction between the ICSID Convention’s enforcement regime and that of the New York Convention. As a result, award creditors proceeding outside the ICSID...

This Practice Note explores the role of the Permanent Court of Arbitration (PCA) as an appointing authority and, by default, as a designating authority in international arbitration, as well as its other administrative functions, including registry support, in cases not conducted under the institution’s own arbitration rules. For guidance on arbitration proceedings pursuant to the PCA Arbitration Rules, see: PCA arbitration-overview. History of the PCA and its institutions Before examining the PCA’s present, practical contribution to resolving international disputes, it is useful to consider aspects of its background. The PCA originated in the late 1880s, a turbulent period marked by mounting international frictions and advances in weaponry, when recourse to armed force was widely regarded as the principal method for states to pursue objectives and settle disputes (S Rosenne, The Hague Peace Conferences of 1899 and 1907 and International...

This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence (AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property (IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation (EU) 2024/1689 laying down harmonised rules on artificial...

An introduction to commodities arbitration In commodities disputes, arbitration conducted pursuant to trade association rules is a defining feature. In some markets, sale contracts almost invariably stipulate that disagreements will be settled by arbitration under a trade association’s rules. This, in turn, supplies association arbitration departments with a steady flow of cases and supports a flourishing community of arbitrators, lawyers and trade representatives working within those bodies. A trade association is a membership organisation created to bring together the leading participants in a particular trade. For instance, the Grain and Feed Trade Association (GAFTA) is made up of traders, brokers, superintendents, analysts, fumigators, arbitrators and other professionals active in the international grain trade. Note: guidance on arbitration under the GAFTA Arbitration Rules No. 125 is available in the following Practice...

IN THE MATTER OF AN ARBITRATION Parties WEIPA RESOURCES LIMITED — Claimant SELANGOR RESOURCES SDN BHD — Respondent APPLICATION FOR SECURITY FOR COSTS Orders sought This is the Respondent’s application seeking the following directions: That the Claimant furnish security for the Respondent’s costs of these arbitration proceedings in the amount of [ insert amount ]; That the Claimant supply such security to the Respondent by way of [ insert details of the form in which security is sought, eg banker’s draft/bank guarantee/solicitor’s undertaking ]; That these arbitration proceedings, together with all procedural and administrative deadlines therein, be stayed until the security has been provided; and That, should the Respondent fail to provide the security in accordance with subparagraph (1.2) above by [ insert date ], then [ set out consequences ]. The principal bases advanced for this application are: The Claimant possesses insufficient assets to satisfy any award of costs made against it; and The...

Following duly received submissions from representatives of the [ Claimant OR Claimants ] and the [ Respondent OR Respondents ] (the Parties) at the preliminary meeting on [ date ], the Tribunal directs as follows: 1 Applicable arbitration rules 1.1 The arbitration will be conducted under [ insert applicable arbitration rules ] as in effect on [ insert date ]. 1.2 The Parties and the Tribunal may consult the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules) for guidance; they are not binding, and the Tribunal retains discretion at all times over the procedural management of the arbitration. 1.3 [ [ Where appropriate, include a statement on the law governing the substantive dispute and/or the arbitration ]. ] 2 Seat and language of the arbitration 2.1 The juridical seat of the arbitration is [ insert place ]....

Claimant [ insert number of witness statement ] witness statement of [ Insert witness name ] Exhibits: [ Insert exhibit reference ] Date on which the statement was made: [ Insert date ] [ Date of translation: [ insert date ] ] In the High Court of Justice Business and Property Courts of England and WalesCommercial Court (KBD) Claim No [ Claim number ] Between:JFK Ltd Claimant / Respondent- and -LHR Ltd Defendant / Claimant Witness statement of John Smith I, John Smith, of LN LLP, 1 Lexis House, London, EC2X 1XX, state as follows: I practise as a solicitor and am a partner at the law firm LN LLP, 1 Lexis House, London EC2X 1XX. I oversee the day-to-day management of this matter on the Claimant’s behalf, and I am duly authorised to make this statement for the...

Clare Ambrose, Twenty Essex The party’s representative should liaise with the witness and the other side. It should seldom be impossible to resolve matters by arranging for evidence to be given remotely. Such an approach is fairly standard practice......

Clare Ambrose, Twenty Essex The clear benefit is that the hearing can proceed and the dispute be determined, which is the tribunal’s fundamental objective. The tribunal’s obligation to be fair to both sides does not compel an in-person hearing; if suitable arrangements permit the hearing to happen, that will be a weighty factor in favour. There is also a possible gain in cost efficiency: although premium technology may incur expense, savings on hearing venues and travel and hotel accommodation could be substantial. Virtual hearings remain relatively novel, so practice is evolving to manage practicalities and logistics across the board. The range of technological solutions is broad and warrants careful review and thorough investigation by the parties involved. For the hearing to run smoothly, every participant in the arbitration should trial their equipment in the precise location from which their virtual hearing will (for each of them) be...