Arbitrator meaning

CORONAVIRUS (COVID-19) This Checklist is archived and no longer being actively maintained. Numerous arbitral organisations have responded to the coronavirus pandemic by issuing practical guidance and/or making adjustments to their standard procedures and working practices. For further details on how this material and associated arbitration proceedings could be affected, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact [Archived] [Archived] [Archived]. For additional information, see: Coronavirus (COVID-19) and arbitration—overview. For direct links to guidance on the 2021 ICC Rules (effective 1 January 2021) and the 2012 ICC Rules, see: ICC arbitration—overview...

This Checklist offers a concise examination of the hands-on elements involved in the tribunal secretary’s role. Its scope is to steer legal practitioners on considerations when choosing and collaborating with a tribunal secretary. The Checklist expresses no opinion on whether appointing a tribunal secretary is suitable; that determination lies with the parties and the arbitral tribunal case by case—see Practice Note: Tribunal secretaries in international arbitration—the advantages and disadvantages. It draws on the legal framework (primarily arbitration rules), case law/jurisprudence, soft law (guidelines and practice notes), professional experience, and prevailing market practices. Taxonomy Tribunal secretary is an umbrella term for a person who supports an arbitral tribunal (a sole arbitrator or a panel) during arbitration proceedings, assisting the tribunal throughout the conduct of proceedings as the arbitration process advances further...

Before commencing the arbitration Check limits; confirm SIAC clause; interim relief; tribunal size; proper nominations. Emergency measures Seek Emergency Arbitrator pre-constitution; urgent, Registrar-approved, binding relief. Expedited Procedure Apply pre-constitution; expect sole arbitrator, streamlined process, six‑month award. Commencing the arbitration Serve Notice on Registrar/respondent with required particulars, funding statement, fee. Responding to the arbitration Respond within 14 days; address claims, jurisdiction and counterclaims. Jurisdiction Arbitration proceeds unless screened; tribunal rules; object under Rule 31. Preliminary meeting and directions Attend administrative calls; hold early case management conference. Written statements File Claim, Defence, Counterclaim as directed; state facts, grounds, relief. Evidence Tribunal controls evidence; written testimony allowed; oral examination on request. The hearing Any party may...

Ruling 5-2 By a 5–2 vote, the Court of Appeals determined that claimant Emily Wu is subject to Uber’s arbitration provision because she assented to the company’s revised terms of use on her mobile in January 2021. The panel said it was immaterial that, by then, she had already commenced proceedings against the company. Consequently, an arbitrator must consider Wu’s contention that the January 2021 terms were ‘actively misleading’, as they suggested the arbitration pact would apply solely to prospective claims against the company, according to the opinion. ‘For as long as written contracts have existed, parties have agreed to them without first scrutinising their terms,’ the panel observed. ‘Such omission can carry legal ramifications, whether the party is a sophisticated business or an everyday customer, and whether the contract is set out on paper or via an electronic pop-up.’ ‘Here, the upshot of the claimant’s purported failure to closely review Uber’s updated terms of use is that she must present her arguments about Uber’s allegedly deceptive and unconscionable...

Aroma Franchise Company, Inc v Aroma Espresso Bar Canada Inc. 2024 ONCA 839 What are the practical implications of this case? The ruling confirms that, unless the parties stipulate otherwise in their arbitration clause, the Model Law’s objective yardstick governs both arbitrators’ disclosure duties and their potential disqualification in international arbitrations seated in Ontario. In the absence of express agreement to the contrary, that objective benchmark is the applicable test. As the Model Law is embedded in the international commercial arbitration statutes of every other Canadian province, and incorporated into the provisions of the Code of civil procedure of Québec, the judgment carries significance across Canada and will be relevant nationwide. The Court further determined that the application judge erred in relying on pre‑appointment communications between the parties to find a reasonable apprehension of bias, given those exchanges were never put before the arbitrator; it was inappropriate to draw such an inference from material unknown to the tribunal. Overall, the decision serves as a timely prompt to practitioners...

The justices declined to take up the petition from Wenbin Que, who sought to overturn a Ninth Circuit ruling that left him liable for a US$55m arbitral award in favour of fellow Chinese national Lihua Song after a soured investment, arising from a failed deal. Que alleges a ‘rogue’ member of a three-arbitrator panel walked out of an active hearing to wander his flat, use the toilet, and embark on a ‘misadventure’ with an unrelated woman that included travelling by car and boarding a train. He argued that courts have recognised that bias or misconduct by one participant on a multi-member tribunal can infect the entire proceeding. According to the petition, the Ninth Circuit accepted that this conduct was ‘concerning’, but set that concern aside on the basis that ‘the remaining two arbitrators behaved properly’. That two-out-of-three rationale is erroneous, the filing contends, and requires correction...

This Practice Note clearly explains the courts’ function within the context of family arbitration. In matters concerning families, any arbitration normally proceeds under the Institute of Family Law Arbitrators (IFLA) scheme. The courts continue to have overall jurisdiction over any family arbitration award or determination and will endorse the award or determination provided it falls within recognised limits, thereby fully respecting the parties’ autonomy. For further practical guidance on, among other things, the conduct of arbitration in family cases, the principal advantages of arbitration, the scope of the IFLA scheme and the arbitrator’s powers, please see Practice Note: Family arbitration—introduction. Acting on Law Commission proposals to reform the Arbitration Act 1996 (AA 1996) and to bring in measures to bolster arbitrator immunity, enhance overall case efficiency and clarify the court’s powers, a draft Bill reflecting those recommendations was formally laid before Parliament and subsequently obtained Royal Assent on 25 February 2025. Accordingly, the Arbitration Act 2025 (AA 2025) modifies AA 1996 from 1 August 2025 by virtue of the Arbitration...

This Practice Note sets out guidance on arbitral awards in proceedings under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2018 (2018 HKIAC Rules; HKIAC 2018). As explained in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally govern HKIAC arbitrations commenced on or after 1 November 2018, save where the parties agree otherwise; for HKIAC arbitrations begun before 1 November 2018, the 2013 HKIAC Rules will generally apply unless the parties agreed otherwise. For an overview of the HKIAC and how it is organised, see Practice Note: HKIAC—background to and structure of the institution. Awards in HKIAC arbitrations In line with most institutional regimes, under the 2018 HKIAC Rules a tribunal may render interim, interlocutory, or partial awards and, in addition to a final award, may issue interim awards as to costs (HKIAC 2018, art 35.1). Where the tribunal has more than one arbitrator, any award or other ruling is to be made by a majority. Failing a...

ARCHIVED: This Practice Note has been archived and is not maintained. It is provided for background information only. The Financial Industry Regulatory Authority (FINRA) is an independent regulatory organisation supervising the US securities market. As part of its remit, FINRA runs the securities industry’s largest dispute resolution forum. It addresses financial and commercial disagreements between investors, brokerage firms and individual brokers, as well as disputes within and between brokerage firms and brokers. Matters are resolved through FINRA’s own arbitration process. FINRA maintains two Codes of Arbitration Procedure: the Code of Arbitration Procedure for Customer Disputes (the Customer Code or Section 12000 of the FINRA Rules), which governs arbitrations between investors and industry participants, and the Code of Arbitration Procedure for Industry Disputes (the Industry Code or Section 13000 of the FINRA Rules), which governs arbitrations between industry parties This note relates to costs under both Codes. Filing fees Any party bringing a claim—including a counterclaim, a cross-claim or a...

[ Date ] [ Respondent's Counsel ] [ Address ] Dear [ insert organisation name ] [ Arbitral Institution ] Arbitration [ Arbitration No. ]: [ Claimant ] v. [ Respondent ]—appointment of the sole arbitrator In accordance with clause [ insert clause ] of the [ arbitration agreement ], we hereby write concerning the appointment of the sole arbitrator. To ensure this process is handled promptly and even-handedly, we suggest the most efficient way forward would be for the parties to reach a joint agreement on a suitable candidate...

Section 14 of the Arbitration Act 1996 (AA 1996) Under section 14 AA 1996, the parties may themselves decide the point at which an arbitration begins; failing any such agreement, the statute prescribes when the arbitration is treated as having started under the statutory framework in place. Where a party is approaching expiry of the limitation period for starting arbitration, precision over the moment of commencement is critical. In addition, certainty on this question matters because a range of other key dates, including the schedule for appointing the tribunal, flow from the date on which proceedings are taken to have commenced. For further guidance on limitation periods, see Practice Notes: Commencement date of an arbitration under the AA 1996 and arbitration rules, Limitation periods in arbitration (England & Wales) and Foreign Limitation Periods Act 1984...

Insert the following as new definitions (if not already included) in the articles of association of the relevant company: Definitions include: Bad Leaver; Good Leaver (loss of subsidiary status, death, Investor‑assessed incapacity, or retirement at normal age); Garden Leave; Employee Trust (s.86 IHTA 1984); Fair Value (Art 1.6); Family Member/Trust; Financing Documents; Independent Expert; Issue Price; Leaver and related terms. Insert the following as a new article in the company’s articles of association: 1 Leavers Applies to Leavers and Leaver’s Shares. Within one year of Leaving Date Investor may require the Company to issue a Sale Notice offering Shares to recipients (including the Company/Employee Trust). The Leaver must complete transfer at the Sale Price within five Business Days. On default the Company may execute and register transfers or cancel its purchase; once effected it is final. Good Leavers receive Fair Value; Bad Leavers the lower of Issue/acquisition price and Fair Value. Fair Value is agreed with Investor Consent within 10 Business Days or determined by an Independent...