Published on: 09 August 2024
Published by a LexisNexis Arbitration expert
In the subsequent dispute over failure to deliver, a first arbitral award was issued by a London-seated tribunal in 2014. That panel concluded that A had failed to meet its contractual delivery duties. In 2018, B launched a fresh arbitration—this time seeking more than US$18bn in compensation for non-delivery. The new panel comprised three arbitrators: Charles Poncent (chosen by A), Klaus Sachs (chosen by B), and Laurent Aynès, selected by the two co-arbitrators. On 5 May 2020, this second tribunal handed down a partial interim decision titled ‘Award on Termination’. In that Award on Termination, the tribunal determined that the contract had been lawfully terminated on 18 September 2018. For reasons set out in greater detail below, Mr Aynès and Mr Poncet were successfully challenged by A before the International Chamber of Commerce (ICC), which delivered its determinations on 23 March 2023 and 7 November 2023, respectively. Mr Sachs stepped down as co-arbitrator on 4 May 2023. Following these successful challenges, A submitted two applications for revision directed at the Award on Termination shortly thereafter...
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 ]...