What does Emergency arbitrator mean? In practice, an emergency arbitrator is a sole arbitrator appointed at very short notice by an arbitral institution to hear an urgent application for interim or conservatory measures before the arbitral tribunal is constituted. The concept is created by institutional arbitration rules (for example, LCIA, ICC, SCC) rather than by statute or a single line of case law, but its core features are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland. Key features include rapid appointment (often within 24–72 hours), a narrow mandate to grant urgent interim relief (such as preserving assets or evidence or maintaining...
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In international arbitration, it is now commonplace for parts of the procedure to be handled remotely, with some or all attendees joining by video link or by telephone. Before the coronavirus (COVID-19) pandemic, parties and tribunals would frequently agree to conduct elements of a case remotely for numerous reasons, such as convenience, reduced cost or other efficiencies, or out of necessity—for instance, where a witness could not attend in person. Telephone or videoconference hearings are also employed in Emergency arbitrator applications and under expedited procedure Rules. During the pandemic, many arbitrations proceeded entirely online, with most or all participants physically separated. This Practice Note is designed to guide the conduct of remote hearings in international arbitration and sets out the following...
The Practice Note also highlights useful resources connected to these issues. This Practice Note uses ‘remote’...
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 ]...