Lawrence Clare#14578

Lawrence Clare

CMS
Solicitor
Lawrence is an associate in the CMS Infrastructure, Construction and Energy (ICE) Disputes Group. He advises corporates and states on complex energy and construction disputes with particular experience in international arbitration. Before joining CMS Lawrence spent two years working at one of the UK’s largest energy companies.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2019

Experience

  • CMS UK (2026 - 2026)
  • EDF Energy (2023 - 2026)
  • Allen & Overy (2017 - 2023)

Qualifications

  • LPC (2017)
  • GDL (2016)
  • BA (Hons) History (2015)

Education

  • BPP University Law School (2015 - 2017)
  • University of Cambridge (2012 - 2015)

2 Contributions by Lawrence Clare

Arbitration Act 1996: Tribunal Remedies in Awards—Damages, Currency, Interest, Injunctions, Declarations, Specific Performance and Rectification (England, Wales and Northern Ireland)
PRACTICE NOTES
Arbitration Act 1996: Tribunal Remedies in Awards—Damages, Currency, Interest, Injunctions, Declarations, Specific Performance and Rectification (England, Wales and Northern Ireland)
This Practice Note explores and outlines the remedies that an arbitral tribunal can grant in awards made under the Arbitration Act 1996 (AA 1996). Related Practice Notes you may find relevant and helpful include: Damages in international arbitration, Non-pecuniary remedies in international arbitration, and Arbitral awards—types, requirements and effect. Available remedies under the AA 1996 AA 1996, s 46 states that the arbitral tribunal shall resolve the dispute in accordance with the law chosen by the parties as applicable to the substance of the dispute, or, where the parties agree, in accordance with such other considerations as are agreed by them or as determined by the tribunal. For guidance on this topic, see Practice Note: Substantive law of the dispute in arbitration (England and Wales). Unless the parties agree otherwise, the tribunal may issue more than one award at different times, addressing distinct aspects of the matters to be decided (AA 1996, s 47(1)). Where multiple awards are made, each award should clearly identify the issue, the claim, or the relevant part of a claim that it addresses (AA 1996, s 47(3))...
Arbitration
Peremptory orders in arbitration: making and enforcing tribunal and emergency arbitrator orders under the Arbitration Act 1996 (England and Wales)
PRACTICE NOTES
Peremptory orders in arbitration: making and enforcing tribunal and emergency arbitrator orders under the Arbitration Act 1996 (England and Wales)
As a general rule, the English courts refrain from interfering in arbitral proceedings (AA 1996, s 1(c)). That said, there are specific provisions within the Arbitration Act 1996 (AA 1996) which permit the courts to ‘assist’ the arbitration process where appropriate. Under AA 1996, s 42, and absent a different party agreement, the court can order a party to obey a peremptory direction issued by the tribunal (AA 1996, s 41(5)) or, following the Arbitration Act 2025 (AA 2025), by an emergency arbitrator. This mechanism supports the parties, as well as the tribunal or the emergency arbitrator, where a recalcitrant party declines to comply with such directions. Tribunals and emergency arbitrators have authority to issue peremptory orders under AA 1996, s 41(5) and s 41(A), again save where the parties expressly agree otherwise in their agreement. This Practice Note addresses when peremptory orders may properly be granted, the scope for court orders mandating compliance with them, and other associated issues arising. For commentary on the early dismissal of claims under AA 1996, s 41, see Practice Note: Early dismissal, summary dismissal and strike out in arbitration proceedings. What is a peremptory order?...
Arbitration
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