What does Seat of arbitration mean? The seat of arbitration is the legal “home” of the arbitration chosen (or fixed) for the case. It is not the physical venue of hearings. The seat determines the arbitration law that governs procedure (the curial law or lex arbitri), the courts with supervisory jurisdiction, and the place where any award is legally made for set‑aside, challenge and New York Convention purposes, regardless of where the tribunal sits or hearings occur. In England & Wales and Northern Ireland, its effect is set out in the Arbitration Act 1996 and case law. In Scotland, the equivalent framework is the...
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Selecting the seat, or legal place, of arbitration is a central consideration when drafting an international Arbitration agreement, because the seat constitutes the juridical (legal) home of the proceedings. For further detail on why the arbitral seat matters and how it is identified, see Practice Note: The seat of the arbitration. Criteria that parties and practitioners should weigh when choosing a seat, together with the questions to pose about them, are outlined in the table below; however, the most suitable seat for any arbitration clause in a given contract will inevitably be shaped by the particular circumstances of the dispute...
As an illustration, Debevoise & Plimpton list their five generally recommended seats in the 2018 Debevoise International Arbitration Clause Handbook, presented alphabetically:
Findings from the Queen Mary University of London international arbitration surveys likewise highlight which seats respondents regard as popular or preferred...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...