What does International arbitration mean? International arbitration describes an arbitration with cross‑border elements, typically where the parties are in different states, the agreed seat or place of performance is abroad, foreign law governs, or enforcement will be against overseas assets. In practice it refers to international commercial arbitration under an arbitration agreement. In England & Wales, Scotland and Northern Ireland it is a descriptive term rather than a statutory category; neither the Arbitration Act 1996 nor the Arbitration (Scotland) Act 2010 defines it. In Ireland, the Arbitration Act 2010 gives UNCITRAL Model Law force of law; Article 1(3) sets out when an arbitration is “international”...
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ARCHIVED: This Practice Note is archived and no longer maintained. Practice Note: Remote hearings in International arbitration—a practical guide may aid those examining this subject. This Practice Note includes an updated version of chapter 53 of ‘International Commercial arbitration Practice: 21st Century Perspectives’ authored by Paul E. Mason (copyright 2020 Matthew Bender & Company, Inc, a LexisNexis® company, all rights reserved). The author observed that, with the arrival of the coronavirus (COVID-19) pandemic in early 2020, video‑conferencing assumed fresh prominence and significance for use in international arbitration proceedings, as well as in Mediations arising from disputes in international arbitration or elsewhere. The source material for this article derives from a chapter by the author on this topic, drawing on his experience organising and taking part in the world’s first international commercial mediation conducted by video‑conference in 2006.
This article examines the application of video‑conferencing in international arbitration and mediation. Its purpose is to briefly present the technologies, review video‑conferencing’s historical and current place in international arbitration and mediation practice, and give an illustration of its use from an early international arbitration‑mediation in which the author of the chapter on this topic...
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...
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