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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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The P. R. I. M. E. Finance Arbitration Rules were updated in 2021, and the 2022 edition took effect on 1 January 2022, governing arbitrations initiated on or after that date (the P. R. I. M. E. Finance Rules; the Rules). The Rules also set out model clauses together with a model submission agreement for use by parties. This Practice Note reviews the treatment of costs under the P. R. I. M. E Finance Rules. The key provisions on costs are located expressly in Section VI of the P. R. I. M. E. Finance Rules as specified therein. Scope of costs The tribunal will determine the arbitration costs in a final award, a termination order, or any other decision (art 48.1). Costs of the arbitration comprise (art 48.2): the arbitral tribunal’s fees and charges (art 49) reasonable expenses of the arbitrators, including any applicable value added or sales tax...
Revised in 2021, the P. R. I. M. E. Finance Arbitration Rules were issued in a 2022 edition that took effect on 1 January 2022, governing arbitrations begun on or after that date (the P. R. I. M. E. Finance Rules; the Rules). The Rules also contain model clauses and a model submission agreement. This Practice Note addresses the appointment, challenge and replacement of the arbitral tribunal under the P. R. I. M. E. Finance Rules. The P. R. I. M. E. Finance Rules set out comprehensive provisions on nominating and appointing the tribunal. They further cover the constitution of a tribunal, arbitrators’ disclosure obligations, and the challenging and replacement of arbitrators. Composition of the arbitral tribunal Section III of the P. R. I. M. E. Finance Rules explains how an arbitrator or arbitral panel is to be appointed. It also prescribes the...
What is the SCC? The Stockholm Chamber of Commerce Arbitration Institute ( SCC) sits within, yet operates autonomously from, the Stockholm Chamber of Commerce. The Institute was founded in 1917. In the 1970s, the United States and the Soviet Union recognised the SCC as a neutral centre for resolving trade disputes. As a result, it remains a preferred venue for East/ West cases, that is, disputes involving one or more parties from North America or Europe and one or more parties from Russia, China, or states of the former Commonwealth of Independent States ( CIS). Over the past 25 years, filings at the SCC have grown substantially, and the institution has become one of the most important and most frequently used arbitration institutions globally. The SCC’s latest statistics can be found on its website (see also Practice Note: Arbitration statistics and...
This Practice Note Prepared in collaboration with Basma Al Kiyumi, Head of Dispute Resolution at Al Tamimi & Co. In light of recent changes in the Sultanate of Oman (‘ Oman’), overseas counterparties doing business in Oman and investing in Oman have chosen to settle their contractual disputes through international arbitration. The Oman Arbitration Act ( Royal Decree No. 47 of 1997, as amended) took effect on 28 June 1997 and was amended in 2007. The Oman Arbitration Act is modelled on the UNCITRAL Model Law and regulates arbitrations with their seat in Oman. This legislation is complemented by the Civil Procedure Law ( Royal Decree No. 29 of 2002) and Oman’s accession to the New York Convention ( Royal Decree No. 36 of 1998), which regulate the enforcement of foreign arbitral awards in Oman. In practice, Omani courts adopt an...
Practice Note International arbitration is still commonly regarded as a forum where parties pursue financial relief, chiefly damages for breaches of contract. Nonetheless, non-pecuniary remedies—long eclipsed by headline-grabbing damages awards from certain tribunals—have been available in at least some legal systems and have drawn growing interest in recent years ( Charles H. Brower, Neglected, Perplexing, Unpredictable: Remedies in International Commercial Arbitration, 102 Nebraska Law Review [2024], 490–493). This Practice Note examines the jurisdiction and authority of arbitrators to grant non-pecuniary relief and outlines the principal forms such relief may take. It also touches on issues explored in depth in a 2011 study prepared for the ASA conference ‘ Performance as a Remedy— Non- Monetary Relief in International Arbitration’ ( Performance as a Remedy: Non- Monetary Relief in International Arbitration (2011), Michael E. Schneider and Joachim Knoll (eds.)), which is cited throughout this Practice Note. The...
A central element in giving effect to an agreement to arbitrate is safeguarding the jurisdiction of the arbitral tribunal seized of the dispute. In New Zealand, a range of remedies exists to protect the tribunal’s exclusive authority from both domestic and overseas court proceedings. In addition, parties have avenues to address situations where the arbitral tribunal has been improperly seized of jurisdiction... Accordingly, this Practice Note considers the following issues: applying for a stay of court proceedings in favour of arbitration applying for injunctions in the New Zealand courts to restrain foreign court proceedings brought in breach of an arbitration agreement (the ‘anti-suit’ injunction) challenging the jurisdiction of an arbitral tribunal in New Zealand Both international and domestic arbitration in New Zealand is governed by the Arbitration Act 1996. The Arbitration Act largely implements the UNCITRAL Model Law as Schedule 1 to the Act....
This Practice Note offers an introduction to recognising and enforcing arbitral awards under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), and it ought to be read alongside Practice Note: Recognition and enforcement of international arbitral awards—an introduction, as well as International arbitration—enforcing international arbitral awards—overview. For guidance on enforcing arbitration awards in England and Wales, see Practice Note: Enforcing arbitral awards in England and Wales. Any case law cited in this Practice Note is provided solely for illustrative purposes and should not be treated as authority or relied upon for the purpose of seeking recognition or enforcement in any specific jurisdiction. Note: the UNCITRAL Secretariat Guide on the New York Convention (2016) (the UNCITRAL Secretariat Guide) referenced in this Practice Note is not an official interpretation of the New York Convention; however, it is widely...
A key distinction between domestic arbitration and international arbitration is the need to determine which system of law governs specific questions. In a domestic arbitration, it is highly probable that a single jurisdiction’s law will regulate all matters. In international arbitration, the situation can be markedly different. The potential bodies of applicable law include: the law governing the parties’ capacity to enter into the arbitration agreement the law applicable to the substance of the dispute the law applicable to the arbitration agreement the law of the seat of the arbitration the law and procedure of the courts for recognition and enforcement of an award When making their choice of applicable law, parties should recognise the risk of inconsistencies between these various laws. For example, whether a particular dispute is capable of being referred to arbitration may attract...
This Practice Note explores when domestic, local or national courts can assist, facilitate, step into, or otherwise intrude upon international arbitration proceedings (the arbitral process), and clearly sets out the limits placed on those courts’ authority and remit in this context. Broadly speaking, national judiciaries usually have only a modest part to play in connection with international arbitration proceedings or processes where appropriate. As explained here, judicial involvement is ordinarily curtailed to honour the private character of the dispute resolution mechanism selected by the parties themselves......
This Practice Note examines the appointment of an arbitral tribunal when an arbitration features multiple parties. For a general overview of multi-party and multi-contract arbitration, see Practice Note: Multi-party and multi-contract arbitration—an introduction. Tribunal appointments—potential difficulties with multiple parties In a standard two-party reference, the claimant and the respondent each choose (or propose) one arbitrator, and a party neutral chair (or presiding arbitrator) is then selected. Difficulties may emerge where several claimants or respondents cannot reach consensus on a joint arbitrator to nominate. Arbitration agreements, appointments and multiple parties Practitioners handling disputes with multiple claimants and/or multiple respondents must observe any requirements set out in the applicable arbitration rules, the arbitration agreement, and the law of the seat of arbitration. Failure to comply could render the award invalid......
This Practice Note considers the role of state immunity in relation to arbitration proceedings in Morocco This Practice Note examines how state immunity interacts with arbitration in Morocco. For an introductory overview, see Practice Note: State immunity and arbitration—general considerations. For further jurisdictional materials worldwide (including England and Wales), refer to our ‘ State immunity’ subtopic: State immunity and arbitration—overview. Absolute immunity of the Moroccan State property located on its own territory and its limits In civil law traditions, two principal currents exist regarding public entities and enforcement: One view supports absolute immunity for public bodies (jure imperii), even in commercial dealings or routine activities. The other, more liberal, allows enforcement against the assets of legal entities engaged in trade and industry (jure gestionis). These positions turn on whether sovereign immunity is interpreted ‘restrictively’ or ‘extensively’ within public international law. Morocco’s framework on...
Mauritius operates a mixed legal framework, blending French civil law with British common law traditions. It features a dual structure: procedure in criminal and civil litigation is largely English, whilst substantive norms draw on the French Napoleonic Code. The system bears hallmarks of both civilian and common law, adapted to local needs to forge a distinctive body of Mauritian law. This is evident in the separate regimes governing domestic and international arbitration. Domestic arbitration provisions are set out in the Civil Procedure Code 1808 ( Code de Procédure Civile) ( CPC), while international arbitration is regulated by the International Arbitration Act 2008 ( IAA 2008), which is modelled on the UNCITRAL Model Law on International Commercial Arbitration. This Practice Note should be read alongside the Practice Notes: Arbitration in Mauritius—an introduction and Enforcing arbitral awards in Mauritius. Basis of the...
Maritime arbitration is an established route for resolving disputes in international trade and commerce. Sea-related matters suitable for consensually agreed procedures span a wide spectrum: the financing, construction, sale and acquisition of ships; their deployment; the carriage of goods by sea; the insurance of ships, cargo and other marine adventures; and other contractual relationships arising from the use of ships, for example salvage. Historically, London and New York have been the foremost centres of maritime arbitration. In recent years, Singapore and China have invested considerably in developing arbitral systems and encouraging the maritime community to choose their venues for settling maritime disputes. The Asia- Pacific region’s economic expansion, and the accompanying increase in trade flows, is being matched by a wish within that maritime community to resolve disputes in their own vicinity. Types of maritime...
The P. R. I. M. E. Finance Arbitration Rules were updated in 2021, and the 2022 edition took effect on 1 January 2022 for arbitrations begun on or after that date (the P. R. I. M. E. Finance Rules, or the Rules). The Rules also offer model clauses and a model submission agreement. Section V of the P. R. I. M. E. Finance Arbitration Rules (the P. R. I. M. E. Finance Rules) addresses the form and effect of arbitral awards, applicable law, the currency of awards, settlement, termination, and post award procedures. Requirements of an award While tribunals often issue a single final award, they are not required to do so. A tribunal may instead make distinct awards on separate questions at different times. Under art 39 of the P. R. I. M. E. Finance Rules, an award must: be set down in...
On 2 April 2019, the HKSAR Government and the Supreme People’s Court of the People’s Republic of China ( PRC) executed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings (the Arrangement). Effective from 1 October 2019, the Arrangement makes Hong Kong the first jurisdiction with a formalised legal channel with Mainland China through which parties may apply to Mainland courts for interim measures backing institution-administered arbitrations seated in Hong Kong. Conversely, parties to Mainland China institutional arbitrations may likewise seek interim measures from the Hong Kong courts in support of those proceedings, irrespective of the arbitral seat. Note: The Hong Kong judgments referred to below are not reported by Lexis Nexis®. Background Hong Kong and Mainland China already maintain reciprocal arrangements for the enforcement of arbitral awards and court judgments. Although section 45 of the Hong Kong...
This Practice Note examines the recognition and enforcement of arbitral awards in the People’s Republic of China ( PRC; China). Note: Chinese court judgments are not reported by Lexis Nexis® UK. Requirement to comply with the arbitral award under Chinese law Under Chinese law, parties to arbitration are obliged by the Arbitration Law to carry out the award ( Arbitration Law, art 62, Civil Procedure Law, arts 248 (domestic arbitration) and 287 (foreign related arbitration)). Where no time limit is stipulated for execution, compliance must be immediate ( Arbitration Law, arts 57 and 62). If the losing party declines to honour the award, including sums due or the transfer of property, the successful party may apply to the people’s courts for enforcement ( Arbitration Law, art 62 and Civil Procedure Law, art 248). Grounds for refusal of enforcement by Chinese court An arbitral award is final, and the court...
Form and contents of award Under the Macau Arbitration Law ( MAL, art 64.1), an arbitral award must be set out in writing and bear the signature of the arbitrator or arbitrators. Where there is a panel, the signatures of a majority of its members are adequate, so long as the absence of any signature is explained ( MAL, art 64.2). Regarding what the award must contain, the law sets two core duties for the arbitrator(s): They must explain the grounds for the decision, unless the parties have agreed that no reasons are to be provided, or the award records an agreement reached by the parties under MAL article 63. They must state the date of the award and the place of arbitration, in line with MAL article 49(1) and (2). Further statutory obligations apply, including the duty to notify the parties. Once the award has been...
The London Maritime Arbitrators Association ( LMAA) Terms 2021 (the Terms) take effect for arbitrations commenced on or after 1 May 2021, provided the parties have agreed that they apply. Where an arbitration proceeds under the Terms and makes no specific provision for appointing the arbitral tribunal, the default position set out in the Terms will govern the appointment process. Number of arbitrators Paragraph 2(c) gives an inclusive meaning to ‘tribunal’, encompassing: a sole arbitrator a tribunal of two or more arbitrators an umpire In contrast with the Arbitration Act 1996 ( AA 1996), where the Terms are referred to but no agreement is expressed as to the composition of the tribunal, the default position is that the tribunal shall comprise three arbitrators (paragraph 8(a) of the Terms)......
Background The London Chamber of Arbitration and Mediation ( LCAM) is a London-based institution that delivers administrative support for resolving disputes. It operates under the auspices of the London Chamber of Commerce and Industry ( LCCI), as part of LCCI’s longstanding commitment to arbitration and dispute resolution work. Founded in 1882, LCCI set as one of its stated aims the undertaking of arbitration and the settlement of disputes arising from trade, commerce, or manufacture. While LCAM might look like a comparatively recent addition, it is in reality a revival of the arbitration scheme created by LCCI in 1903, then known as the London Chamber of Arbitration. The City of London Corporation endorsed that scheme, and the Institute of Arbitrators also took part in its management. Up to 28 November 2016, by-law 6.01 of the London Chamber of Commerce stipulated that disputes brought to the...
Practice Note This Practice Note offers introductory guidance on London venues suitable for arbitral hearings and associated issues and related matters. It should be read in conjunction with the Checklist: Pre-hearing considerations in arbitration proceedings—checklist. London, England remains a premier seat for international arbitration as well as a favoured place to hold in-person and hybrid hearings in arbitral matters, whether those proceedings are domestic or international, London-seated or otherwise. Consequently, London hosts numerous organisations that encourage the resolution of international disputes by arbitration and deliver arbitration-related services, including the provision of hearing facilities. On 28 January 2026, the International Arbitration Centre Alliance ( IACA) unveiled the IACA Global Passport, an initiative designed to enhance practitioner mobility by granting recognised members reciprocal access to lounges, meeting and breakout facilities and related services across participating hearing centres worldwide, among them the International Dispute Resolution Centre (...
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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 ]...
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