Legal Practice Notes

This Practice Note examines the procedural law of arbitration proceedings and how it is identified under the law of England and Wales ( England and English are used as convenient shorthand). The procedural law of the arbitral proceedings The procedural law of an arbitration is also known as the ‘lex arbitri’ or the ‘curial law’. It sets the framework for the arbitration’s internal procedure and the scope of the courts’ powers to supervise and assist the process, where appropriate. The particulars of how an arbitration should proceed are ordinarily fixed by any applicable arbitration rules, the tribunal’s procedural orders, and the parties’ agreement, as circumstances require. The curial law may nevertheless supply default provisions and impose constraints on the parties’ autonomy. As each country enacts its own procedural rules, the reach and content of the procedural law will differ from one...

This Practice Note examines the character and reach of arbitration agreements, concentrating in particular on those governed by the law of England and Wales, while also viewing the topic through an international lens and offering comparative illustrations from other legal systems. It also approaches the subject from an international standpoint. For a primer on arbitration as a dispute resolution mechanism, consult the following Practice Notes: Arbitration—an overview of the key features of arbitration International arbitration—an overview of the key features of international arbitration Ad hoc arbitration—an overview of the key features of ad hoc arbitration Institutional arbitration—an overview of the key features of institutional arbitration To compare answers to key questions on arbitration agreements across jurisdictions worldwide, please refer to our International Comparator Tool. Note: Unless otherwise stated, this Practice Note addresses agreements to refer future disputes to...

This Practice Note outlines section 67 of the Arbitration Act 1996, together with the amendments to that provision introduced by the Arbitration Act 2025. It also includes links to commentary that explains the changes. The Arbitration Act 2025 received Royal Assent on 25 February 2025. For the date on which it comes into force, see Practice Note: Arbitration Act 2025 commencement and transitional provisions Section 67 of the 1996 Act 67 Contesting the award: substantive jurisdiction (1) A party involved in arbitral proceedings may, on giving notice to the other parties and the tribunal, apply to the court to challenge questions of substantive jurisdiction arising from an award, or to seek a declaration affecting an award on the merits: to contest any award of the arbitral tribunal concerning its substantive jurisdiction; or to obtain an order declaring that an award on the merits has no...

This Practice Note concerns London Court of International Arbitration ( LCIA) arbitration proceedings pursuant to the LCIA Arbitration Rules 2020 (the LCIA Rules) effective 1 October 2020. For practical guidance on arbitrations conducted under the earlier LCIA Rules 2014 (the previous version), refer to the relevant Practice Notes: LCIA arbitration—overview. The costs regime under the LCIA Rules appears in LCIA, art 24 ( Advance Payment for Costs) and LCIA, art 28 ( Arbitration Costs and Legal Costs), alongside the distinct LCIA Schedule of Arbitration Costs. The LCIA sets administrative charges and tribunal remuneration by hourly rate, reflecting its view that expenditure should correspond to time genuinely devoted by the secretariat and arbitrators, rather than the monetary value of any claim or counterclaim. The LCIA has released costs data for its arbitrations indicating that this hourly framework is competitive. For discussion, see News...

In arbitrations overseen by a three-member tribunal, there are occasions when the arbitrators cannot agree unanimously on the merits or on key issues such as jurisdiction. In those situations, under the Arbitration Act 1996 ( AA 1996) and the principal arbitration rules, the tribunal may issue its award by majority What is the value of a dissenting opinion? A dissenting opinion does not, by itself, provide a basis for any challenge to or appeal from an arbitral award unless the parties have stipulated, whether by agreement or by choosing particular arbitration rules, that the award must be unanimous. That said, a dissent can still assist a party dissatisfied with the outcome, for example: in the context of a challenge or appeal to an arbitral award, a dissenting opinion may be admissible as evidence on procedural matters (eg, B v A — see News Analysis: What is the...

Spigelman Schedules Frequently adopted in arbitration, Spigelman Schedules—named after the Honourable James Spigelman AC KC, a former Chief Justice of New South Wales—are invaluable on large, intricate and document‑heavy construction disputes. A Spigelman Schedule is a single point of reference that, for each claim and counterclaim, pinpoints the pertinent sections of the pleadings, factual witness statements, expert reports, extracts of live evidence relied upon, and the written closing submissions, while also stating the quantum sought with clarity. The Schedule should likewise indicate any claims no longer pursued (for example, by greying out those that have been dropped). They are especially useful because parties’ disputes are frequently factually complex, with the case articulated and refined across a substantial volume of material as pleadings are served, proceedings advance, disclosure occurs, and factual and expert testimony is given. A Spigelman Schedule enables the court or tribunal to...

Upstream oil and gas ventures established under a licence to explore, develop and/or produce hydrocarbons are typically assembled through multiple contracts, many of which feature arbitration clauses. Such ventures require substantial capital and give rise to long-term projects (and therefore long-running contracts) in which states and businesses hold major stakes. As a result, when disputes arise, mirroring the scale of the investments, they often involve significant amounts and must proceed swiftly to prevent any interruption to production. This Practice Note sets out a typical project architecture, flags the principal contracts, the usual dispute resolution mechanisms they include, and the categories of disputes that may emerge. It also touches on some of the more difficult issues that can arise when resolving these disputes. This Practice Note should be read alongside Practice Note: Arbitration in the energy...

This Practice Note considers how to serve an arbitration claim form issued in the courts of England and Wales ( England and English are used as for convenience) on defendants within and outside the jurisdiction. Although the English courts commonly adopt a non-interventionist stance towards arbitration, there are instances when parties to an arbitration—or the tribunal—may seek recourse to the English court. For an overview of the court’s supporting jurisdiction under the Arbitration Act 1996 ( AA 1996), see Practice Note: AA 1996—court powers in support of arbitration—an introduction. All arbitration claims and applications brought under the AA 1996 must be commenced by arbitration claim form ( Form N8) and issued in accordance with CPR 8 and CPR 62, together with the related practice direction. The sole exception is an application under AA 1996, s 9 (a stay of court proceedings in favour of...

This Practice Note explores the doctrine of separability within the law of England and Wales (using ‘ England’ and ‘ English’ as shorthand throughout). It should be read alongside Practice Note: Separability of arbitration agreements in international arbitration, which examines the doctrine from an international perspective as well. The doctrine of separability under English law An arbitration agreement is regarded as distinct and autonomous from the main agreement that contains it and, accordingly, remains effective despite the termination or invalidity of the main agreement—this is referred to as the ‘doctrine of separability’......

In an arbitration, the parties may seek an order from the arbitral tribunal for an award on a particular issue that forms part of the claim, to be made in advance of the final award that will ultimately deal with all matters in dispute. An award addressing only a subset of the issues is commonly described as a ‘partial award’. Such relief is not confined to a party’s application; as master of its own procedure, the tribunal can also elect to determine questions by issuing a partial award, or a series of partial awards. A partial award is definitive and final in relation to the claims or issues it determines, notwithstanding that other elements of the dispute remain to be decided in the final award. By way of illustration, in Emirates Trading Agency v Sociedade de Fomento Industrial Private, the respondent was prevented from...

State immunity under Nigerian Law Nigerian statutes contain no blanket protection insulating the state from being sued, and they likewise do not establish a bar preventing the federation, the states, or foreign governments from asserting immunity within Nigeria. Even so, targeted laws exist that shelter specified state assets from execution to satisfy court judgments or arbitral awards. When considering claims of immunity by foreign state bodies, Nigerian courts have generally applied a restrictive reading. Although diplomatic immunity for foreign governments and their officials is acknowledged under the Constitution and the Diplomatic Immunities and Privileges Act 2010, foreign states can still be proceeded against in Nigerian courts in defined circumstances. In African Re-insurance Corporation v Fantaye (1986) LPELR – 214 ( SC) (not reported by Lexis Nexis®), the Supreme Court remarked that the common law position of the English courts treated foreign sovereigns as immune from...

LCIA arbitration—overview This Practice Note addresses London Court of International Arbitration ( LCIA) proceedings conducted under the LCIA Arbitration Rules 2020 (the LCIA Rules), which came into force on 1 October 2020. For practical guidance on arbitrations under the 2020 LCIA Rules, refer to the related Practice Notes here: LCIA arbitration—overview. The LCIA has opened Stage 1 of a consultation to inform the forthcoming edition of its Arbitration Rules, seeking views from the international arbitration community so the rules reflect evolving user requirements. The LCIA’s objective is to produce rules aligned with advances in technology, reforms to arbitration law and shifts in the geopolitical landscape. Stage 1 of the consultation will run from 11 March 2026 to 11 May 2026. See LNB News 12/03/2026 10. The LCIA is a well-established international arbitral institution and is the second most prominent arbitration body in Europe (after the...

This Practice Note examines the extent of the powers of the courts of England and Wales (with England used as a convenient shorthand) to grant interim and/or emergency relief in aid of arbitral proceedings. Interim and/or emergency relief—the primary responsibility of the arbitral tribunal As a general position, the Arbitration Act 1996 ( AA 1996) places primary responsibility for interim or urgent measures on the arbitral tribunal seated in England in respect of arbitrations within its jurisdiction. Those powers stem from AA 1996, s 38. For further detail on the tribunal’s powers under AA 1996, see Practice Note: AA 1996—interim and/or emergency relief—applying to the tribunal. Where the seat is England, the English court plays only a confined role at the interim (interlocutory) stage. A party cannot seek court relief merely because the tribunal declines to grant the measures requested. The court’s statutory...

The Mauritian legal order is a mixed jurisdiction that fuses French civil law with British common law, exhibiting a dual structure: procedural rules in criminal and civil proceedings are largely English, whereas substantive law stems from the French Napoleonic Code. Mauritius has moulded elements of both traditions to suit local requirements, forming a distinctive body of Mauritian law. This is evident in the separate frameworks that apply to domestic arbitration and to international arbitration... Domestic arbitration is regulated by the Civil Procedure Code 1808 ( Code de Procédure Civile) ( CPC), while international arbitration is governed by the International Arbitration Act 2008 ( IAA 2008), itself based on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law). This Practice Note offers an introduction to the treatment of key arbitration concepts under Mauritian law and should be considered alongside the Practice Notes:...

This Practice Note explores the body of law an arbitral tribunal ought to apply when delivering its substantive award, and how to identify that law where the parties have not made an express choice. It proceeds on the basis that the tribunal is seated in England and Wales (with England and English used as convenient shorthand) or in Northern Ireland. Its focus is international arbitrations, meaning, for these purposes, arbitrations in which at least one party is domiciled outside England and Wales, or where performance of the contract is to occur overseas. Practice Note: Applicable laws in international arbitration may interest many practitioners. Further guidance on applicable law in the civil litigation context is also available: Applicable law principles—overview, Applicable law ( UK regime)—overview and Applicable law ( EU...

The choice of the seat or legal place of the arbitration Selecting the seat, or legal place, of arbitration is a central consideration when drafting an international arbitration agreement, because the seat constitutes the juridical (legal) home of the proceedings. For further detail on why the arbitral seat matters and how it is identified, see Practice Note: The seat of the arbitration. Criteria that parties and practitioners should weigh when choosing a seat, together with the questions to pose about them, are outlined in the table below; however, the most suitable seat for any arbitration clause in a given contract will inevitably be shaped by the particular circumstances of the dispute... As an illustration, Debevoise & Plimpton list their five generally recommended seats in the 2018 Debevoise International Arbitration Clause Handbook, presented alphabetically: Hong Kong London New York Paris ...

Arbitration is a widely used route for settling international commercial disputes. This Practice Note reviews the principal features that set international arbitration apart from English and Welsh civil litigation (using England and English as convenient shorthand). It also outlines perceived benefits of arbitration and highlights situations in which litigation may be the more suitable method of dispute resolution. The following introductory Practice Notes may be of interest: Arbitration—an introduction to arbitration’s key features Institutional arbitration—an introduction to the core features of institutional arbitration Ad hoc arbitration—an introduction to the key features of ad hoc arbitration International arbitration—an introduction to the key features of international arbitration International arbitration—key differences between international and domestic arbitration Choosing between arbitration and litigation Sophisticated commercial parties frequently include an arbitration clause (an arbitration agreement) in their commercial contracts. If well drafted, the arbitration agreement can give the parties greater control over how their disputes are...

An arbitration agreement records the parties’ consent to settle their dispute through arbitration, and that validly given consent cannot later be retracted by one side alone. Moreover, the duty to arbitrate is separable and independent from the principal contract. If a party breaches that understanding by trying to have the dispute determined through court proceedings, there are remedies, at both national and international level, available to compel compliance with the duty to arbitrate as reflected in the arbitration agreement. The remedy of enforcement of an arbitration agreement by a stay of proceedings Under section 9(1) of the Arbitration Act 1996 ( AA 1996), as amended by the Arbitration Act 2025, a party to an arbitration agreement who is sued in court over a matter that, under that agreement, must be referred to arbitration, may apply to the court in which the legal...

This Practice Note considers the role of state immunity in relation to arbitration proceedings in the United Arab Emirates ( UAE) This note reviews how state immunity interacts with arbitration in the UAE. For a broad primer on state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. For further Practice Notes addressing state immunity across multiple jurisdictions around the world (including England and Wales), see: State immunity and arbitration—overview. On 3 May 2018, the UAE promulgated Federal Law No. 6 of 2018 on Arbitration (the ‘ UAE Federal Arbitration Law’). Taking effect on 16 June 2018, it revoked Articles 203–218 of the UAE Civil Procedures Law ( Federal Law No. 11 of 1992), which had previously regulated arbitrations seated in the UAE. The law applies to all ongoing UAE-seated arbitrations (excluding arbitrations seated in the DIFC and the Abu Dhabi Global Market (...

This Practice Note explores the part played by state immunity in connection with arbitration proceedings in the Kingdom of Saudi Arabia ( KSA, Saudi, Saudi Arabia). For a general overview of state immunity and arbitration, refer to Practice Note: State immunity and arbitration—general considerations. Additionally, for Practice Notes covering state immunity across multiple jurisdictions worldwide (including England and Wales), see our State immunity subtopic: State immunity and arbitration—overview. The relevant legal framework the Saudi Arbitration Law promulgated by Royal Decree No. M/34 on 16 April 2012 (the Arbitration Law), based on the UNICTRAL Model Law on International Commercial Arbitration. The Arbitration Law applies to arbitrations seated in Saudi Arabia and to arbitrations conducted outside Saudi Arabia where the parties agree that the Arbitration Law is the governing law of the proceedings ( Arbitration Law, Article 2) the Implementing Regulations of the Arbitration Law issued by Cabinet of...