What does Commercial arbitration mean? The resolution of business disputes by private arbitration arising out of commercial transactions, such as sale of goods, construction, shipping, energy, finance or technology contracts. It is usually between companies or other private parties, but can include states or state‑owned entities when acting in a commercial capacity. The term is descriptive rather than a defined statutory category. In England & Wales and Northern Ireland, commercial arbitration is governed by the Arbitration Act 1996; in Scotland by the Arbitration (Scotland) Act 2010; and in Ireland by the Arbitration Act 2010, which gives the UNCITRAL Model Law the force of...
Read More
This Practice Note sets out a primer on the Australian Centre for International Commercial arbitration (ACICA) and summarises how to arbitrate under the institution’s latest Arbitration rules, which became effective on 1 April 2021. It is not a comprehensive guide to ACICA Arbitration, nor a replacement for closely analysing the application of the ACICA arbitration rules to your dispute.
ACICA is Australia’s international body for resolving disputes. Founded in 1985 as an independent, not-for-profit organisation, its purpose is to encourage and enable the efficient settlement of commercial disputes in Australia and abroad through arbitration and mediation, aiming to provide speed and neutrality of process, enforceable outcomes, and commercial confidentiality for disputing parties. ACICA is the exclusive default appointing authority with competence to carry out arbitrator appointment functions under the International Arbitration Act 1974 (Cth).
The current ACICA Arbitration Rules (the Rules) and the ACICA Expedited Arbitration Rules (the Expedited Rules) took effect on 1 April 2021. ACICA principally administers arbitrations pursuant to the Rules and the Expedited Rules. These Rules replace the 2016, 2011 and 2005 editions. Both sets of rules commenced on 1 April 2021 and supersede 2016, 2011 and 2005 editions...
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 ]...