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In this issue: Arbitration Building regulations Planning Regulations and controls LexTalk®Construction: a Lexis®Nexis community Daily and weekly news alerts New and updated content Construction trackers Arbitration Server wars—The future of data centre arbitration As businesses hurry to deliver the essential infrastructure for artificial intelligence, data centre development is accelerating across the globe. White & Case’s Brody Greenwald (partner), Darryl Lew (partner), Kate Perumal (partner) and Efat Elsherif (associate) explore how this construction boom could spur a new wave of international arbitration. See News Analysis: Server wars—The future of data centre arbitration. Charting the use of AI in Arbitration—a closer look at the CIArb Guideline (2025) The Chartered Institute of Arbitrators (CIArb) has issued guidance on the use of artificial intelligence in arbitration. Piotr Wilinski of Linklaters LLP assesses the implications for practitioners and the outlook for arbitration, with thanks to Guido Machado Peláez for his assistance in preparing this article. See News Analysis: Charting...
In this issue: Arbitration in England & Wales International Arbitration Institutional and ad hoc arbitration and related news Daily and weekly news alerts New and updated content Arbitration in England & Wales King's Speech 2024—key arbitration announcements The Prime Minister’s Office has released background briefing notes for the King’s Speech 2024 containing details of the Arbitration Bill. The notes set out the Bill’s territorial reach and its purpose—namely to implement the proposals arising from the Law Commission’s 2022 review of Arbitration Law, and to do so across the specified jurisdictions. Commentary on the Bill’s inclusion is provided by Matthew Saunders, partner at Ashurst LLP, and Jason Raeburn, partner at Paul Hastings LLP. See: LNB News 17/07/2024 63. CIArb—recommendations for UK government following 2024 election The Chartered Institute of Arbitrators (CIArb) has presented seven proposals for the UK government after the 2024 general election. Highlights are reaffirmed backing for the rule of law; reinstatement of the Arbitration...
In this issue: Trade in goods WTO Sanctions and export control Customs Daily and weekly news alerts New and updated content Trade in goods CIArb explores CISG application to reverse auctions in procurement The Chartered Institute of Arbitrators (CIArb) has issued an analysis examining how the United Nations Convention on Contracts for the International Sale of Goods (CISG) may apply to reverse auctions in public procurement. It draws attention to the continuing discussion over whether such procedures are captured by the Article 2(b) CISG exclusion for sales by auction. CIArb also records that the CISG Advisory Council has appointed a rapporteur to prepare a forthcoming Opinion on this question. The piece reviews recent jurisprudence and comparative practice, referencing a Swiss Federal Supreme Court ruling that applied the CISG to a government contract, alongside Brazilian examples where procurement processes expressly cite the CISG. See: LNB News 19/11/2024 33. WTO WTO Committee Reviews Recent Regional Trade Agreements...
This Practice Note sets out how arbitration operates in family matters, available for financial disputes from March 2012 and for children issues from July 2016. It reviews, in particular, the applicable rules, explains the part played by a solicitor acting for a party in achieving a binding arbitration, and highlights the principal benefits of arbitration. It also describes the reach and application of the Institute of Family Arbitrators (IFLA) scheme and the arbitrator’s powers. For practical guidance on the courts’ role and approach in relation to arbitral awards or determinations, see Practice Note: Family arbitration—the role of the courts. What is arbitration? Arbitration is a formal method of dispute resolution in this context. The parties enter into an agreement by which they appoint a suitably qualified individual (an arbitrator) to decide their dispute and issue an award. Family law disputes have been arbitrable and within scope since 26 March 2012, following the launch of the Institute of Family Law Arbitrators (IFLA). The IFLA is a collaborative initiative formed...
Arbitration clauses and agreements set out that disputes are resolved by a designated arbitral tribunal, and may feature in both domestic and cross-border situations alike. For further details on arbitration agreements, consult the following Practice Notes: Arbitration agreements—definition, aims and interpretation Arbitration agreements—the in writing requirement Arbitration agreements—content Arbitration agreements—requirements of the New York Convention Will my arbitration agreement be upheld?...