Vinson & Elkins LLP
7 Experts
4 Contributions by Vinson & Elkins LLP
PRACTICE NOTES
Arbitration pursuant to the Arbitration Act 1996 (AA 1996, as amended by the 2025 Act) operates on an ad hoc basis and is not run by any institution. Once the tribunal is appointed, it takes control of the reference and, subject to the parties’ agreement, sets, shapes and drives the procedure. For an overview of how proceedings are typically structured, see Practice Note: A quick guide to the arbitration process, which explains the general framework an arbitration will usually follow. Even so, the procedural course is influenced by the legal backgrounds of counsel and the tribunal: an English-seated case before an English arbitrator with parties represented by English counsel will often resemble English litigation. By contrast, where American and English counsel appear before a South-American arbitrator, the methodology may differ and be swayed by the participants, though clearly still ‘directed’ by the
Arbitration
PRACTICE NOTES
This Practice Note considers the appointment of the arbitral tribunal under the Arbitration Act 1996 (AA 1996).
Under the AA 1996:
Parties may determine both the number of arbitrators and the procedure by which they are appointed.
Unless the parties provide otherwise, any agreement for two arbitrators or another even total is construed as requiring an additional arbitrator to act as chair for the tribunal in such a case.
Where no agreement on numbers exists, the dispute is to be decided by a sole arbitrator by default.
Any appointee must be impartial and physically as well as mentally capable of performing the office effectively.
AA 1996 governs the tribunal’s constitution only where the arbitration is seated in England or Wales, as emphasised in GmbH v Enercon. It does not apply to appointments where the seat lies
Arbitration
PRACTICE NOTES
This Practice Note sets out how to apply to the courts of England and Wales for interim and/or emergency relief in support of arbitration, and should be read alongside Practice Note: AA 1996—interim and/or emergency relief—powers of the English court.
The procedure for seeking relief from the court
Claims to the court for assistance in aid of arbitral proceedings are made under section 44 of the Arbitration Act 1996 (AA 1996). The process for securing interim or emergency relief (the expressions are used interchangeably) is the same whether or not arbitration has been commenced. Where no arbitration is yet underway, an undertaking to commence proceedings will typically form a necessary element of the application.
A claim for emergency relief in support of an arbitration must be initiated by issuing an arbitration claim form in accordance with the CPR Part 8 procedure. The
Arbitration
PRACTICE NOTES
The Arbitration Act 1996 (AA 1996)
The Arbitration Act 1996 (AA 1996) governs arbitrations whose seat is in England and Wales, or in Northern Ireland. In those circumstances, the AA 1996 recognises two forms of emergency powers:
default powers vested in the tribunal, which operate unless the parties agree to disapply them
court powers available to support an arbitral tribunal seated in England and Wales or Northern Ireland
This Practice Note sets out both categories of powers.
The tribunal’s powers
The tribunal’s authority to grant interim relief is contained in AA 1996, s 38. Reflecting the principle of party autonomy, s 38(1) first confirms that the parties may determine the scope of the tribunal’s powers for the conduct of their arbitration. Frequently, this is achieved by incorporating institutional arbitration rules into the arbitration agreement, or by agreement between the parties in an ad hoc
Arbitration
7 Contributions by Vinson & Elkins LLP Experts
PRACTICE NOTES
This Practice Note examines interim and emergency relief available from tribunals under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including the Mediation and Arbitration Rules) (the International Rules), as revised with effect from 1 March 2021. For a primer on the International Rules, covering commencement of and responses to ICDR arbitration, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For direction on arbitrating under earlier versions of the International Rules, see: ICDR arbitration—overview. For material on the American Arbitration Association® (AAA), see: AAA arbitration—overview.
The availability of interim relief—post-constitution of the tribunal
Once the arbitral tribunal is in place, the International Rules empower it to grant interim measures, such as injunctive orders with steps to safeguard or preserve assets (ICDR, art 27). Under ICDR, art 27(3) of the International Rules, applications made to judicial
Arbitration
PRACTICE NOTES
This Practice Note explores the function and operation of the arbitral tribunal under the International Dispute Resolution Procedures (Including Mediation and Arbitration Rules) (the International Rules), as revised and in force from 1 March 2021. In particular, it offers practical guidance on constituting the tribunal, contesting arbitrators, and the scope of tribunal authority under the International Rules. For an overview of the International Rules, and details on initiating and answering ICDR arbitration proceedings in practice, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrations under earlier versions of the International Rules, see: ICDR arbitration—overview. For further information on the American Arbitration Association® (AAA), see: AAA arbitration—overview.
Appointment of arbitrators
The parties may, by agreement, adopt any method for appointing arbitrators and promptly notify the ICDR (ie the Administrator) of that method (ICDR, art 13(1)). If within 45 days from the
Arbitration
PRACTICE NOTES
Origins of the ICDR
The International Centre for Dispute Resolution (ICDR) was formed in 1996 as the arm of the American Arbitration Association® (AAA). Recognised as the pre-eminent domestic arbitration body in the US, the AAA created the ICDR as a distinct division to oversee arbitration matters and deliver its global alternative dispute resolution (ADR) offerings. The ICDR’s principal base is in New York; however, it maintains offices across the United States of America, with full-case administration centres in Singapore and Canada.
Administration and application of the ICDR International Rules
The ICDR conducts arbitrations under its International Dispute Resolution Procedures (covering Mediation and Arbitration Rules) (the International Rules), as revised and taking effect from 1 March 2021. It also continues to administer matters under earlier versions of the International Rules (including the 2014 iteration), for which guidance is available at: ICDR
Arbitration
PRACTICE NOTES
This Practice Note examines how costs and security for costs are addressed under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules), amended and effective 1 March 2021. For an introduction to the International Rules, covering how to start and formally answer ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under earlier iterations of the International Rules, see: ICDR arbitration—overview. For information on the American Arbitration Association® (AAA), see: AAA arbitration—overview.
Administrative/institutional fees
Under the International Rules, each party bringing claims or counterclaims must elect between two fee arrangements: the Standard Fee Schedule and the Flexible Fee Schedule. The Flexible Fee Schedule is available only for claims above US$150,000. The Standard Fee Schedule has two payment triggers; the Flexible Fee Schedule has three. All else
Arbitration
PRACTICE NOTES
This Practice Note reviews evidential issues under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (Including Mediation and Arbitration Rules) (the International Rules), as revised with effect from 1 March 2021. It covers mediation and arbitration within those procedures in detail. For an overview of the International Rules, covering initiation of ICDR arbitrations and replies to claims, consult Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For commentary on arbitrations conducted under earlier versions of the International Rules, see: ICDR arbitration—overview. For material on the American Arbitration Association® (AAA), refer to: AAA arbitration—overview.
Powers of the tribunal in relation to evidence
The tribunal’s core obligation is to secure equal treatment of the parties, safeguard each side’s right to be heard, and provide a fair chance to present its case (ICDR, art 22(1)).
To that end, in relation to
Arbitration
PRACTICE NOTES
This Practice Note reviews provisions on multi-party and multi-contract matters in the International Dispute Resolution Procedures (Including Mediation and Arbitration Rules) (the International Rules), revised and effective 1 March 2021. For an introduction to the International Rules, and guidance on commencing and responding to ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under earlier editions of the International Rules, see: ICDR arbitration—overview. For guidance on the American Arbitration Association® (AAA), see: AAA arbitration—overview.
Consolidation and joinder—the 2021 amendments to the International Rules
The consolidation and joinder provisions are considered in detail below. Because these procedural rules are extensive, it is useful to emphasise the purpose and effect of the 2021 amendments to the International Rules. The ICDR has indicated that the revisions set out in ICDR, arts 8 (Joinder) and 9
Arbitration
PRACTICE NOTES
This Practice Note reviews the conduct of arbitration under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including the Mediation and Arbitration Rules) (the International Rules), revised with effect from 1 March 2021. For a primer on the International Rules, including how to commence and answer ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under earlier editions of the International Rules, see: ICDR arbitration—overview. For guidance on the American Arbitration Association® (AAA), see: AAA arbitration—overview.
Pleadings
The International Rules expressly envisage only the Notice of Arbitration, the Answer to the Notice of Arbitration, and any counterclaim with its answer. Parties may amend or supplement their claims, counterclaims or defences unless the tribunal finds it inappropriate, taking into account factors such as delay (ICDR, art 10). In practice, where
Arbitration
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