International arbitration

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...

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...

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...

This Practice Note monitors the development of UK legislation brought forward under the legislative programme linked to the UK’s departure from the EU. It also features a Brexit SI database that compiles details of both draft and made secondary legislation related to Brexit. Quick links Use the links below to go directly to the relevant section or tracker. Practice area trackers Follow the links below for trackers focused on Brexit legislation across specific practice areas: Commercial Corporate Crime Dispute Resolution Employment Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax For further updates and guidance tailored to individual practice areas, see: Brexit collection......

This Practice Note considers anti-suit injunctions This Practice Note reviews anti-suit injunctions, a species of injunctive relief deployed to prevent a party from starting or pursuing court proceedings, whether at the outset or mid‑course. It outlines what an anti-suit injunction entails and the jurisdiction of the courts to issue such orders. It also examines the grounds on which this relief may properly be declined or allowed. Further, it addresses the consequences of breaching an anti-suit injunction, as well as the influence of foreign anti-suit orders on litigation before the courts of England and Wales. For guidance on: bringing an application for an anti-suit injunction, see Practice Note: Anti-suit injunctions—making an application anti-suit injunctions and the EU, see Practice Note: Anti-suit injunctions and EU court proceedings—pre and post Brexit anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration ( England and...

This Practice Note examines the practical steps involved in appointing an arbitrator, particularly the information an arbitrator will need to determine whether they can accept a nomination or appointment. Appointing an arbitrator The method of appointment will turn on: any term in the relevant arbitration agreement any provision in the applicable arbitration rules or laws any other arrangement agreed by the parties Always confirm the correct appointment route before you approach a prospective arbitrator. Where the arbitration clause delegates appointment to a third party, including by adopting rules that vest this role in an institution (for example, the London Court of International Arbitration ( LCIA) rules), the parties may only put forward nominees to that body. The third party then appoints subject to any objections, the applicable rules and its discretion. For guidance on appointments generally, see Practice Notes: AA...

This Practice Note offers an introductory overview of arbitration, arbitration lawyers and the nature of their work, together with key topics and concepts relevant to such practitioners. It is intended for trainee-level and newly-qualified lawyers, as well as others new to arbitration as a practice area or a method of dispute resolution. This Practice Note also signposts relevant Lexis Nexis® sources and materials. What is arbitration? Put simply, arbitration is a means of resolving disputes. It exists in various forms and is practised across a wide range of sectors and industries, giving rise to many different kinds of disputes. Although different forms or types of arbitration usually share core features, they can also vary significantly. In practice, the term ‘arbitration’ generally refers to a private, final and binding process overseen by an appointed arbitral tribunal acting in a...

Impact of national insolvency on domestic or foreign arbitration ( England and Wales) This Practice Note reviews how insolvency proceedings begun in England and Wales influence arbitration obligations where one of the parties is insolvent. The IBA toolkit on insolvency and arbitration Drawing on the National Report for England and Wales within the IBA Toolkit on Insolvency and Arbitration ( IBA Toolkit), and reproduced with permission, this Practice Note summarises key guidance. The IBA Toolkit offers direction to parties, counsel and arbitrators when an arbitration participant is also in insolvency proceedings in one or more jurisdictions. Alongside the England and Wales Report, the IBA Toolkit includes multiple other National Reports. For clarity, the National Report informing this Practice Note is not intended to constitute legal advice tailored to particular facts. Non-application of EU Recast Regulation on Insolvency following Brexit This Practice Note addresses insolvency cases commenced after 11 pm on 31...

This Practice Note examines the challenge of arbitration awards in Germany under German law. Note: German judgments are not reported by Lexis Nexis®. Challenging awards in Germany-the relevant legal framework The principal legal regime appears in sections 1059 et seqq. of the 10th Book of the Code of Civil Procedure, the Zivilprozessordnung ( ZPO). The ZPO distinguishes between domestic and foreign awards by whether the arbitral tribunal that issued the award had its seat in Germany or abroad. For domestic awards, the grounds for setting aside and for refusing recognition and enforcement are contained in ZPO, ss 1059, 1060(2), and they mirror Article 34 of the UNCITRAL Model Law on International Arbitration ( Model Law). For foreign awards, recognition and enforcement are governed by ZPO, s 1061(1), which makes the New York Convention directly applicable. Only minor differences exist between the bases for...

This Practice Note This Practice Note explores the wide-ranging functions in-house legal teams may assume in international arbitration and connected issues. It is intended as direct guidance for in-house counsel (though, stylistically, we refer to such lawyers in neutral terms). It should equally assist practitioners collaborating with in-house teams, or seeking clearer insight into their place within the arbitral workflow. Much of the pragmatic advice could also apply where the chosen dispute resolution route is, for instance, litigation or mediation. Although the emphasis is on the contribution of in-house counsel to international commercial arbitration, the discussion and pointers may likewise inform in-house lawyers involved in international investment arbitration (investor–state dispute resolution), particularly viewed from the perspective of investors. Introductory Practice Notes that may help include: Arbitration-new starter guide Arbitration-an introduction to the key features of arbitration ...

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...

Limitation periods in arbitration ( England & Wales) When considering whether to begin arbitration, it is vital to check limitation carefully so that any claim or cause of action is not already time‑barred. As with issuing proceedings in the domestic courts, commencing an arbitration governed by the law of England and Wales is constrained by a range of statutory rules. It is equally necessary to take into account any contractual arrangements between the parties that address limitation. For the clock to stop, the arbitration must be “commenced”. The point of commencement is fixed by the applicable legislation and/or the arbitration rules under which the reference proceeds. If commencement is not effected correctly, a claim can become time‑barred, whether by statutory limitation or a contractual time bar. The steps required to commence arbitration are usually less burdensome than those for starting court...

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 ]....

The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At that point, the withdrawal period under Article 50 TEU concluded, and the ratified Withdrawal Agreement, which set the legal terms of the UK’s departure, entered into force. On exit day, the ratified Withdrawal Agreement was released in the Official Journal of the European Union, together with the Political Declaration outlining the framework for the future relationship between the UK and the EU: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ L 29 31.01.20, p 7-187 Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom, OJ C 34 31.01.20, p 1-16 Exit day stood as a significant milestone, being the date on which the UK...

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...