“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
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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 This Checklist outlines the key stages at the outset of arbitration proceedings governed by the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). For background on the 2021 ICC Rules, consult Practice Note: ICC (2021)—introduction to the ICC and arbitration under the ICC Rules...
Techniques for controlling time and costs in arbitration This Checklist stems from the ICC publication, Techniques for controlling time and costs in arbitration. It targets tribunals, equipping them with approaches for running streamlined proceedings. It is likewise valuable to practitioners preparing for arbitration. Set out below are practitioner-focused pointers drawn from the ICC’s report. Timetable Make every reasonable effort to meet the timetable and seek extensions only when genuinely justified in the circumstances. Consider whether hearings can be dispensed with, or instead conducted by telephone where appropriate. ...
Bayerische Landesbank and another v Ruschemalliance LLC [2024] EWHC 1822 (Comm) What are the practical implications of this case? In keeping with comparable determinations, this judgment succinctly sets out the jurisdictional thresholds and principal considerations the court applies when evaluating applications for anti‑suit injunctions. It underscores the judiciary’s practical bent and operates as a constructive illustration of inter‑court co‑ordination, projecting a clear signal where numerous contests flow from identical underlying events, even though such matters are dealt with at varying moments and tiers of the court structure. In sum, the outcome reasserts the English courts’ steadfast commitment to upholding arbitration, including in circumstances where the arbitral seat is situated in a foreign state. What was the background? In 2021, the defendant, Ruschemalliance LLC (“RCA”), a Russian entity, entered into two Engineering, Procurement and Construction agreements for the development of liquefied natural gas and gas processing plant facilities in Russia. The obligations owed by RCA’s counterparties, the German companies Linde GmbH and Renaissance Heavy Industries LLC (together,...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Data protection Sale and supply of goods Supplier management LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers ASA rulings—6 November 2024 The Advertising Standards Authority (ASA) received two complaints about CurrencyWave and Eurostar. Complainants said CurrencyWave’s ad wrongly implied Financial Conduct Authority regulation and used inaccurate price comparisons. For Eurostar, concerns were that Instagram and Facebook ads overstated the availability of £39 fares and omitted key information. The ASA upheld both. See: LNB News 06/11/2024 51. ASA publishes its Vaping Project Review on vaping ads targeted at under-18s The ASA has issued its Vaping Project Review, detailing outcomes from investigations, tech-assisted monitoring, enforcement, stakeholder engagement and advisory work on ads aimed at under-18s since June 2023. It found influencers, companies, agencies and vaping brands posting paid and organic content, plus brand...
In this issue: Sustainable finance and ESG round-up Trade and commodity finance Sustainable finance Debt capital markets Regulation for derivatives lawyers Regulation for banking lawyers Cryptoassets Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG round-up For a summary of this week’s Sustainable finance and ESG developments, see: Sustainable finance and ESG weekly round–up—5 September 2024. Trade and commodity finance ICC issues report on the advantages of trade digitalisation The International Chamber of Commerce (ICC) Digital Standards Initiative has released a report that, through 22 case studies, demonstrates how supply chain participants use digital tools and interoperable global standards to resolve supply chain challenges and pain points. The case studies concentrate on shipping and logistics, commercial documentation and product information, cross‑border regulatory compliance, and financial services and fraud prevention as priority areas for digitalisation. The report indicates that by digitising trade workflows, businesses can cut...
This Practice Note outlines the function commonly undertaken by tribunal secretaries (also called arbitral or administrative secretaries) within international arbitration. It further looks at who fills the secretary role, highlights issues that have emerged regarding their engagement, and the extent to which certain institutional arbitration rules provide for their use. It also examines who ordinarily performs the secretary position and in what capacity. Provision for their engagement under certain institutional arbitration rules is likewise considered. The Practice Note does not take a position on whether appointing tribunal secretaries is appropriate. It does not endorse or oppose their use. Rather, it describes the tasks tribunal secretaries typically carry out, considers who is most suitably placed to do so, briefly addresses recurring concerns linked to their involvement, and records recent developments relating to their use by reference to selected institutional rules. For analysis of the pros and cons of employing tribunal secretaries, see Practice Notes: —the advantages and disadvantages and Appointment arbitration tribunal secretary—Checklist for considerations on appointment of a tribunal secretary....
The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern—unless the parties agree otherwise—any arbitration begun on or after 1 June 2021 on the basis of an arbitration agreement where the clause refers to the Swiss Rules, or to the former rules of chambers or organisations that adopted the Swiss Rules or placed their proceedings under them. For commentary on the 2012 Swiss Rules, see: Swiss Rules arbitration—overview. A recurring element of institutional arbitration frameworks, including the Swiss Rules, is the institution’s involvement in setting and administering arbitration costs. Under the Swiss Rules, though, arbitral tribunals enjoy broader powers on costs than under several other prominent institutional regimes, such as those of the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA). This Practice Note addresses costs and security for costs under the Swiss Rules. A citation to the Swiss Arbitration Centre’s (the SAC’s) Guidelines for Arbitrators may assist on cost-related issues. Categories and determination of arbitration costs Under...
This Practice Note sets out how to initiate arbitration under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules govern any ICC arbitrations begun on or after 1 January 2021, unless the parties expressly agree that an earlier version will apply. For an overview of the 2021 ICC Rules, see Practice Note: ICC (2021)—introduction to the ICC and arbitration under the ICC Rules. For guidance on the 2017 and 2012 ICC Rules, see: ICC arbitration—overview. Prior to commencing an arbitration pursuant to the ICC Rules When a dispute arises, it is crucial for parties and their advisers to check the dispute resolution clause in the relevant contract. If it provides for arbitration under the ICC Rules, at the outset the parties should consider, among other points: any limitation period (whether contractual or statutory) by which the arbitration must be commenced. For more detail under English and Welsh law, see Practice Note: Limitation periods in arbitration (England & Wales) ...
CASE NO: [ insert case number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESINSOLVENCY AND COMPANIES LIST (ChD) IN THE MATTER OF [ insert company’s name ]AND IN RESPECT OF THE INSOLVENCY ACT 1986 BETWEEN [ insert names(s) of the Applicant(s) ] Applicant(s)AND [ insert names(s) of the Respondent(s) ] Respondent(s) My assessment is that this case will take the court approximately [ ... ] mins/hours. I confirm this is urgent business, and that: the application ought to be heard at the earliest possible time; or the application needs to be listed before [ specify date ]. It cannot wait to be heard by the ICC Judge in the usual sequence, because [ specify reasons ]. Dated:...................................................Signed:.................................................. Warning : If, in the opinion of the ICC Judge, the application is not urgent, such sanction as is considered suitable in all the circumstances will be applied...
The Secretariat of the International Court of ArbitrationInternational Chamber of Commerce [ Address of an approved ICC office and by email to the relevant address for the office ] [ Date ] Dear [ ICC Secretariat ], Request for Arbitration : [ Party names ] [ Law firm case reference number ] Please find herewith enclosed our Request for Arbitration submitted pursuant to the 2021 ICC Rules of Arbitration (ICC Rules) [ with accompanying documents ], on behalf of [ name of claimant party or parties ] whom we represent and advise. We additionally enclose [ the filing fee of US$ [X,XXX]. OR A filing fee of US$ [X,XXX] has been made by wire transfer with reference [ insert reference ]. ]. [ The Claimant requests, in accordance with article 4(4)(b) of the ICC Rules, that the Secretariat transmits the Request by delivery against receipt, registered post or courier. We enclose [ number ] of hard copies. ] Please kindly acknowledge safe receipt...
ICC International Court of Arbitration33-43 avenue du Président Wilson75116 ParisFrance FAO: [ [Insert name of contact at the ICC or the Secretariat of the ICC ] ] [ Insert date ] Dear [ ICC Court ], ICC Arbitration No: [ reference ] [ Claimant ] v. [ Respondent ] – request for the appointment of the [ sole arbitrator OR president of the tribunal ] The Parties have not been able to agree upon the individual to serve as [ the sole arbitrator OR the president of the arbitral tribunal ] in the proceedings referenced above. Relying on [ article 12(3) of the ICC Arbitration Rules OR article 12(5) of the ICC Arbitration Rules ], the Claimant respectfully asks the ICC Court to designate the [ sole arbitrator OR president ]. Yours faithfully, [ Claimant's counsel ] cc [ Respondent's Counsel ][ Address ]...