This Practice Note addresses the tribunal under the 2023 Arbitration Rules of the Stockholm Chamber of Commerce (SCC) Arbitration Institute (the 2023 SCC Rules). The 2023 SCC Rules govern SCC arbitrations begun on or after 1 January 2023, unless the parties stipulate otherwise.
The parties may determine how many arbitrators will hear an SCC arbitration (2023 SCC Rules, art 16(1)). In the absence of any agreement, the Board will decide whether the tribunal comprises one or three arbitrators, taking into account the case’s complexity, the amount in dispute and any other relevant circumstances (2023 SCC Rules, art 16(2)). Note that under the Expedited Rules, there is only one arbitrator—see Practice Note: SCC Rules (2023)—expedited procedure.
Where a sole arbitrator is to be appointed, the parties are afforded ten days to make a joint appointment (2023 SCC Rules, art 17(3)). Parties often find reaching consensus difficult; nevertheless, it is usually prudent for their counsel to liaise in an effort to secure agreement. If the parties fail to agree within the specified time, the Board shall make...
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 ]...