This Practice Note serves as a handbook to arbitration conducted by the International and Ibero-American Arbitration Center of Madrid (‘CIIAM’ or the ‘Center’) (formerly CIAM-CIAR) pursuant to its arbitration rules effective from 1 January 2024 (the Arbitration Rules). It focuses on the issuance of awards, the assessment and apportionment of costs, and the ways in which proceedings can be brought to a close.
The Arbitration Rules set timetable parameters that marry predictability with sufficient flexibility. They differentiate between standard proceedings and accelerated options (‘abbreviated procedure’ and ‘highly expedited procedure’). The Center oversees adherence to time limits, and arbitrators’ timeliness may influence both applications for extensions and the setting of fees (Arts 4.5, 49.1, and institutional guidance on award scrutiny).
In ordinary proceedings, unless the parties stipulate otherwise, tribunals must issue awards on the merits within three months after the hearing or the final substantive submission. Submissions on costs are not treated as substantive when computing this period. Moreover, the Arbitration Rules authorise arbitrators to prolong the deadline by up to two further months where required to properly finish their task. Once that buffer is surpassed, the Center may, in exceptional situations, approve additional extensions upon...
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 ]...