Legal Practice Notes

This Practice Note examines two ways in which the Cayman Islands courts uphold parties’ agreements to arbitrate disputes: orders staying court proceedings in favour of arbitration, and anti-suit injunctions restraining breaches of arbitration agreements. Note: the Cayman Islands court judgments referred to in this Practice Note are not reported by Lexis Nexis® UK. An introduction to the Cayman Islands arbitration regime Where the seat of arbitration is the Cayman Islands, arbitration proceedings, irrespective of the parties’ locations, are governed by the Arbitration Act 2012 (the Arbitration Act). With effect from 3 December 2020, under the Cayman Islands Citation of Acts of Parliament Law 2020, any Cayman Islands enactment that was a ' Law', or that contains a reference to the title of a Law, is amended by removing the word ' Law' and replacing it with ' Act'. As a result, all Cayman Islands...

A party may seek an anti-arbitration injunction when a counterparty begins arbitration contrary to the agreed dispute resolution pathway, for example: by commencing the arbitration in an incorrect seat where the parties had committed to the exclusive jurisdiction of particular national courts This Practice Note examines the approach taken by the courts of England and Wales (references to England and English are for convenience) to awarding anti-suit relief in this context. For guidance on anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration ( England and Wales). The court's jurisdiction to grant an anti-arbitration injunction The court’s jurisdiction to grant an anti-arbitration injunction stems from its inherent powers under section 37 of the Senior Courts Act 1981 ( SCA 1981) ( Elektrim v Vivendi; Minister of Finance v IPIC) and from the jurisdiction under sections 44 and 72 of the...

Arbitration pursuant to the Arbitration Act 1996 ( AA 1996, as amended by the 2025 Act) operates on an ad hoc basis and is not run by any institution. Once the tribunal is appointed, it takes control of the reference and, subject to the parties’ agreement, sets, shapes and drives the procedure. For an overview of how proceedings are typically structured, see Practice Note: A quick guide to the arbitration process, which explains the general framework an arbitration will usually follow. Even so, the procedural course is influenced by the legal backgrounds of counsel and the tribunal: an English-seated case before an English arbitrator with parties represented by English counsel will often resemble English litigation. By contrast, where American and English counsel appear before a South- American arbitrator, the methodology may differ and be swayed by the...

In 2022, the AAA revised its Commercial Arbitration Rules and Mediation Procedures, together with the Procedures for Large, Complex Commercial Disputes (collectively, the Commercial Rules or AAA Commercial Rules). The updated AAA Commercial Rules have been in effect from 1 September 2022. The 2022 rules govern matters where the administrative prerequisites have been satisfied for a Demand for Arbitration filed on or after 1 September 2022, or where a Submission Agreement reaches the AAA on or after 1 September 2022 ( R.1(a)). The 2022 iteration of the Commercial Arbitration Rules retains the fee schedule that has been in force since 1 May 2018. This Practice Note therefore cites and follows the rule numbers contained in the 2022 AAA Commercial Arbitration Rules. The earlier iteration of the AAA Commercial Arbitration Rules, amended and effective as at 1 October 2013, can be found on the AAA's...

This Practice Note outlines guidance on the third edition of the ARIAS ( UK) Rules, brought into effect in 2014 (the ARIAS Rules). For direction on using the ARIAS Fast Track Arbitration Rules, refer to Practice Note: ARIAS Fast Track Rules ( AFTAR) 2013. What is ARIAS? The AIDA Reinsurance and Insurance Arbitration Society of the UK ( ARIAS ( UK)) was founded in 1991 as a Centrally Affiliated Chapter of AIDA—the Association Internationale de Droit des Assurances—an international body committed to advancing the study and understanding of insurance law (click here for the ARIAS ( UK) website). ARIAS emerged amid a rise in insurance and reinsurance disputes to champion methods of settling such disagreements that matched market expectations, chiefly via arbitration. Services ARIAS is not an institution. Unlike arbitral bodies such as the LCIA, it has no secretariat, and its involvement in...

This Practice Note sets out guidance on preparing witness evidence for arbitration proceedings. As with documentary material, the tribunal determines how witness evidence is to be presented, having regard to, among other things: any procedures contained in the arbitration agreement (though this is uncommon) any relevant arbitration rules whether the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules) have been adopted any applicable national laws These factors are taken into account by the tribunal. It may additionally be shaped by the nationalities of the parties’ legal representatives and the tribunal. It is for the tribunal to resolve all procedural and evidential issues (subject to any agreement by the parties), including whether, and to what extent, there should be oral or written evidence or submissions ( AA 1996, s 34). Witness statements in...

This Practice Note This Practice Note has been revised following the introduction of the Arbitration Act 2025 and now points to changes made to the Arbitration Act 1996. For more detail on commencement and transitional arrangements, see Practice Note: Arbitration Act 2025 commencement and transitional provisions. It offers an overview of arbitration and its principal characteristics, concentrating on practice under the law of England and Wales, including the Arbitration Act 1996 ( AA 1996), as modified by the Arbitration Act 2025 ( AA 2025), which obtained Royal Assent on 24 February 2025 and took effect on 1 August 2025. Arbitration is a conclusive and binding method of resolving disputes, overseen by a constituted arbitral tribunal (usually one or three arbitrators) operating in a quasi-judicial way. As a rule, it rests on the parties' agreement (the arbitration agreement) and is supervised and enforced by...

This Practice Note considers the framework within which expert witness evidence is presented in arbitration proceedings. An expert witness in arbitration generally fulfils a function akin to that performed in civil court cases, broadly mirroring the role seen in civil litigation. Appointed by the parties or, more rarely, by the tribunal, the expert must provide an impartial professional opinion on the issues put to them, grounded in the evidence they are given and informed by their own expertise, skill and experience. Both parties and the tribunal may test or dispute that evidence robustly, including by questioning the analysis and reasoning, by each side where relevant, and the tribunal will determine which expert it finds more persuasive or, where there is a sole expert, whether to adopt their conclusions. Although an arbitrator might be chosen for sector knowledge, this is usually to...

This Practice Note offers practical guidance on the use of statements of case and memorials exchanged between parties in international arbitration proceedings. Statements of case and memorials—definitions and differences In English litigation, the statements of case are the formal written pleadings that articulate the parties’ positions on principal facts and the law. They typically contain succinct statements of the claims advanced or defences pleaded, the core facts relied upon, and the relief requested, and they generally avoid expansive legal argument. Such statements are ordinarily filed on their own, without supporting witness statements, expert reports, or substantial documentary material. Responsive statements of case tend to adopt the layout of the earlier document so that, for example, a defence will usually cross‑refer to, and answer, each sentence or paragraph of the particulars of claim in sequence. Indeed, it can be difficult to understand a defence unless it is read...

Defending a tort claim—general considerations In practice, many actions are defended by arguing that the defendant owed no duty to the claimant, that no duty was breached, or that the chain of causation was interrupted. In any of these situations, the claimant has not established that the defendant is prima facie liable. For guidance on proving liability in negligence, see the following Practice Notes: Negligence—key elements to establish a negligence claim Negligence—when does a duty of care arise? Negligence—when is the duty of care breached? This Practice Note examines the defences capable of excusing a defendant from liability where prima facie liability has been shown. Limitation defences in tort claims Even where a duty existed and was breached, a claimant may still find their case opposed or struck out if the defence can demonstrate that the proceedings are...

This Practice Note outlines the core principles governing awards of damages in tort actions. It addresses the compensatory purpose of tort damages; separates general from special damages; explains when exemplary (punitive) and aggravated damages may be available in tort; considers restitutionary and ‘user’ damages; sets out the date and method of assessment; deals with interest on tortious awards; and the reduction of damages through contributory negligence and mitigation. It also summarises when damages may be recoverable for a tortious wrong, including negligence. For further reading, see Practice Notes: The remedy of damages—general principles; Loss of chance damages; Claiming damages—tort and contract claims compared. It does not cover damages in clinical negligence or personal injury claims. General principles of liability in tort claims To succeed in a tort claim for damages, a claimant must, on the balance of probabilities, establish that: the...

rules on interpreting contracts (agreements) This Practice Note outlines the rules for construing contracts and their terms, reviewing leading cases— Rainy Sky v Kookmin, Arnold v Britton, and Wood v Capita—together with the principal canons of construction. It should be read alongside the Practice Notes: Contract interpretation—the guiding principles; and How to approach a contractual interpretation dispute—a practical guide. Lord Hoffmann’s five principles in ICS v West Bromwich Building Society (see Practice Note: Contract interpretation—the guiding principles) provide the central approach to interpretation, which is then supported by general rules or guidelines (often called canons of construction) used to help determine the meaning of a written agreement. This Practice Note examines the most significant of these, namely: the whole document is relevant commercial sense (business common sense) and avoiding an unreasonable outcome cutting down rights and remedies saving the...

This Practice Note sets out overarching principles and guidance for arbitrators and parties when identifying and addressing conflicts of interest in international arbitration. It should be read alongside Practice Note: Conflicts of interest in arbitration—challenges to arbitral appointments for further context. What are the general principles of fairness, impartiality, and independence? A core aspect of procedural fairness is that the tribunal be impartial and independent; this is as fundamental to arbitration as it is to court proceedings. That standard is embedded in national arbitration regimes (for instance, the arbitrator’s general duty in section 33 of the Arbitration Act 1996 ( AA 1996) to act fairly and impartially) and in international institutional rules, eg article 5.3 of the London Court of International Arbitration ( LCIA) Arbitration Rules. Broadly, commentators describe independence as the absence of any present or previous relationship of dependence between the parties and the...

There is a broad range of arbitral institutions, organisations and rule sets, and the nuances between them are not always clear. The tables below set out comparisons of selected core provisions from several of the most frequently applied international arbitration rules. For fuller guidance on principal rule frameworks, the Overview documents in the ' Related documents' offer a helpful place to begin. For a discussion of how institutional arbitration differs from ad hoc arbitration, consult the Practice Notes: Institutional arbitration—an introduction to the key features of institutional arbitration and Ad hoc arbitration—an introduction to the key features of ad hoc arbitration. Choosing arbitration rules Parties who opt for arbitration rather than litigation seldom craft their own procedural regime for the arbitration, even though they are free to do so because arbitration rests on consent. More commonly, they agree to adopt the rules of an...

An introduction to contracts for the sale and purchase of commodities Contracts for the sale and purchase of commodities sit at the centre of international trade. A single deal for a particular commodity will typically involve several additional contracts or commercial arrangements, including but not limited to: a contract for the transport of the commodity by sea and, possibly, by road and/or rail a contract of insurance the execution of a bill or exchange, or the opening of a letter of credit or other documentary credit Many, though not all, disputes stemming from contracts for the sale of commodities and related agreements are resolved by arbitration. As outlined below, numerous bodies that create standard form contracts or deliver services for specific trade sectors also offer arbitration facilities. For further details on commodities arbitration, see Practice Note: Commodities...

Hague- Visby Rules (the Rules) This Practice Note outlines the Hague- Visby Rules, international rules governing the carriage of goods by sea, enacted into English law by the Carriage of Goods by Sea Act 1971 ( CGSA 1971). It summarises the scope of the Rules, the carrier’s obligations, limits of liability and available immunities under the Rules, and the applicable time bars. The Rules are contained in three international instruments: the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (1924) ( Hague Rules) the Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (1968) ( The First Visby Protocol) the Protocol Amending the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (1979) ( The Second Visby...

This Practice Note This Practice Note outlines the legal principles applicable to charterparties in arrangements for the seaborne carriage of goods. It summarises the core characteristics of voyage, time, bareboat and slot charters, together with the remedies in damages for breach associated with each category. Concluding remarks provide pointers on current legal developments affecting charterparties. Every day, a substantial quantity of cargo travels by sea, bringing into play, on a daily basis, the terms and obligations found in numerous charterparties. That commercial activity, coupled with the inherent hazards of maritime transport, fosters the emergence of disputes in this fast-moving field of law. A charterparty (or 'charter') is a contractual instrument that records the conditions upon which a shipowner permits others to employ the vessel, whether needed for a defined period or for a particular voyage agreed between the parties and set out in the...

This Practice Note explores the availability of damages as a remedy for a misrepresentation claim, with reference to the Misrepresentation Act 1967 ( MA 1967)... For analysis of when the courts will set aside a contract for misrepresentation and when parties may validly exclude or restrict liability for misrepresentation, see the following Practice Notes: Misrepresentation—rescission as a remedy Misrepresentations—excluding and limiting liability for them When can you claim damages as a remedy for misrepresentation? MA 1967 supplies a statutory foundation for seeking damages in cases of misrepresentation under MA 1967, s 2, in addition to the common law action for damages for fraudulent misrepresentation or the closely related tort of deceit......

ARCHIVED: This archived Practice Note explores the use of mediation‑arbitration (med‑arb) to resolve commercial disputes. It is not maintained and is provided for background purposes only. For general information on alternative dispute resolution ( ADR), see ADR and dispute resolution clauses—overview. For guidance on mediation, see Mediation—overview. Med‑arb is suitable for a wide array of commercial disputes. It is appropriate, for example, for international or cross‑border matters in the construction, energy and infrastructure sectors. What is med-arb? Med‑arb is a hybrid, two‑stage ADR mechanism. Typically, the parties authorise the mediator to convert automatically into an arbitrator and to issue a legally binding arbitral award if the mediation does not achieve a settlement of the dispute. The arbitration stage is legally binding, and the arbitrator’s award is enforceable like one made in standard arbitration proceedings, a feature that is generally...

The London Maritime Arbitrators Association ( LMAA) Terms 2021 (the Terms) Where the parties agree, the London Maritime Arbitrators Association ( LMAA) Terms 2021 (the Terms) govern arbitrations commenced on or after 1 May 2021. These Terms replaced the LMAA Terms 2017, which applied to references started between 1 May 2017 and 30 April 2021. If an arbitration agreement stipulates arbitration under the Terms, parties should ensure the procedural route is clearly understood. Second Schedule: the principal source of guidance on LMAA arbitral procedure. Body of the Terms: the tribunal’s procedural powers, especially paragraphs 15, 16 and 17. Sixth Schedule: additional guidance addressing the conduct of virtual and semi-virtual hearings. Fourth Schedule: guidelines aimed at enhancing the efficiency and cost effectiveness of LMAA arbitration. Taken together, these provisions set out how proceedings under the Terms should be...