Legal Practice Notes

Practice Note This Practice Note sets out guidance on the formalities to address when preparing witness statements in civil proceedings, and also offers direction on statements of truth and managing difficult witnesses. You should also consult Practice Note: Witness statements—substantive content, which covers the substantive elements. This Practice Note explains how the relevant CPR provisions should be interpreted and applied. Depending on the court in which your case is being heard, you may need to take account of further requirements—see: Court specific guidance below. Where a witness statement is intended for use at trial in the Business and Property Courts and falls within CPR PD 57AC, refer for additional guidance to Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC......

This Practice Note has been prepared in collaboration with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer, and Ms Thea Elyssa Vega, Foreign Lawyer, all of Wong Partnership LLP, Singapore. The th Edition of the SIAC Rules took effect on 1 January 2025 and is available here. The 2025 SIAC Rules apply to arbitrations begun on or after 1 January 2025, unless the parties have agreed otherwise. Number of arbitrators Unless the parties agree otherwise, the tribunal will comprise one or three arbitrators. Where no number is agreed, a sole arbitrator will be appointed unless, having considered the parties’ views, the Registrar decides that three arbitrators are warranted (2025 SIAC Rules, r 19.1). Under the 2025 SIAC Rules, if the arbitration agreement does not specify the number, the claimant must include in the Notice of...

This Practice Note has been prepared in collaboration with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer, and Ms Thea Elyssa Vega, Foreign Lawyer, all of Wong Partnership LLP, Singapore. It examines the treatment of multiple contracts, joinder, and consolidation under the Arbitration Rules of the Singapore International Arbitration Centre ( SIAC) (7th Edition) 2025 (the 2025 SIAC Rules). The 7th Edition of the SIAC Rules took effect on 1 January 2025 and is available here. The 2025 SIAC Rules govern arbitrations commenced on or after 1 January 2025, unless the parties have agreed to a different regime. SIAC's multi-party and multi-contract rules The 2025 SIAC Rules set out detailed provisions addressing: multiple contracts (2025 SIAC Rules, r 15) consolidation (2025 SIAC Rules, r 16) ...

This Practice Note explores the growing resort to anti-arbitration injunctions by Russian entities under Article 248.1 of the Russian Arbitration Procedure Code ( RAPC), which threatens the enforceability of arbitration agreements with EU-domiciled parties. It sets out how the EU and German legal orders provide effective countermeasures. The EU sanctions framework bars recognition of such injunctions and enables claims for damages, while German law supplies powerful remedies, including injunctive relief, declaratory relief, and recovery of legal costs. Recent German court decisions bolster arbitration rights, showing EU entities can protect their interests without traditional anti-suit injunctions. Introduction and Background Increased use of Anti- Arbitration Injunctions by Russian entities based on the Russian Arbitration Procedure Code Recently, Russian entities have increasingly asked local courts to claim exclusive jurisdiction over disputes with EU-domiciled parties, often seeking anti-arbitration injunctions under Article 248.1 RAPC despite valid...

This Practice Note offers guidance on multi-party and/or multi-contract arbitrations under the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As outlined in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules generally govern HKIAC arbitrations commenced on or after 1 June 2024, unless the parties decide otherwise; for proceedings begun before 1 June 2024, the 2018 HKIAC Rules ordinarily apply, save where the parties agreed differently. For an introduction to the HKIAC and its framework, see Practice Note: HKIAC—background to and structure of the institution. Arbitration is traditionally founded on a contract between two or more parties, with only those parties being subject to the process. This has produced scenarios where a party must confront multiple claims across separate arbitrations, or in both arbitration and court...

This Practice Note offers guidance on the overall procedure for arbitrations conducted under the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As outlined in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules generally govern HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations begun before 1 June 2024, the 2018 HKIAC Rules will generally apply, subject to any different party agreement. For an overview of the HKIAC and its organisational framework, see Practice Note: HKIAC—background to and structure of the institution. For step-by-step guidance on initiating and answering proceedings, see Practice Notes: HKIAC (2024)—starting an arbitration and HKIAC (2024)—responding to a HKIAC arbitration. The overall approach to procedure in a HKIAC...

The applicable legislation for challenging arbitral awards In Russia, the framework for contesting arbitral awards is articulated across several instruments: the Law of the Russian Federation on International Commercial Arbitration No 5338- I of 7 July 1993 (the ‘ ICA Law’); the Federal Law On Arbitration ( Arbitral Proceedings) in the Russian Federation No 382- FZ of 29 December 2015 (the ‘ Federal Law on Arbitration in Russia’); the Code of Commercial Procedure of the Russian Federation (the ‘ Code of Commercial Procedure’, or ‘ CCP’); and the Code of Civil Procedure of the Russian Federation (the ‘ Civil Procedural Code’, or ‘ CCiv P’). These sources are examined in detail below......

This Practice Note sets out guidance and practical advice for Claimants submitting a claim on pinq DR’s online platform. It should be read alongside the pinq DR Rules. References to Articles are to Articles of the Rules. Capitalised terms carry the meanings given to them in the Rules. Who are these guidance notes for? These notes are intended for Claimants bringing a claim on pinq DR. Some of the core processes described are also relevant to Respondents. ‘ Claimants’ are any Representatives of companies pursuing a claim on pinq DR. This typically includes in-house counsel, management, and any external Representatives such as external counsel and administrative support. Key principles Speed — pinq DR arbitration operates under strict time limits. The whole process must be completed within eight weeks of Commencement. Proactivity — pinq DR Arbitrators and the parties must be more proactive than is usual in...

This Practice Note is confined to arbitrations conducted under the CIETAC Arbitration Rules 2024 (the CIETAC Rules). Those Rules govern cases accepted by CIETAC on or after 1 January 2024, or where the parties have expressly chosen to use the CIETAC Arbitration Rules 2024 ( CIETAC, art 88). The 2015 rules continue to apply to matters accepted by CIETAC from 1 January 2015 up to 31 December 2023. This Practice Note addresses international or foreign-related disputes, and those linked to Hong Kong SAR, Macao SAR, or the Taiwan region ( CIETAC, art 3). CIETAC provides distinct rules for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and for domestic arbitration; these fall outside the scope of this Practice Note. Arbitrations administered by the CIETAC Hong Kong Arbitration Centre are likewise governed by separate provisions ( CIETAC, art 73) and are not...

This Practice Note has been prepared in collaboration with Laure- Hélène Gaicio- Fievez, Fabio Trevisan, Javier Garcia- Olmedo, and Francesca Mastragostino of BSP, Luxembourg. Note: the Luxembourg cases cited below are not all reported by Lexis+® UK. The notion of state immunity in Luxembourg: general principles The maxim ‘par in parem non habet imperium’ signifies that one sovereign cannot exercise authority over another. This foundation supports the doctrines of sovereign immunity and the act of state, ensuring foreign states are shielded from proceedings before courts of other jurisdictions. State immunity comprises two elements: immunity from jurisdiction immunity of execution Immunity from jurisdiction—enjoyed by all states and their emanations—permits the beneficiary to block a court from adjudicating a claim against it. This immunity impacts not only the competence of the forum seised but also the claimant’s entitlement to bring proceedings. In practice, it denies the...

For arbitration proceedings seated in the Sultanate of Oman (‘ Oman’), the Oman Arbitration Act ( Royal Decree No. 47 of 1997, as amended), which took effect on 28 June 1997 and was revised in 2007, serves as the lex arbitri. Modelled on the UNCITRAL Model Law, the Oman Arbitration Act is further complemented by the Civil Procedure Law ( Royal Decree No. 29 of 2002) and by Oman’s adoption of the New York Convention ( Royal Decree No. 36 of 1998). As a general rule, sovereign immunity is not a recognised doctrine in Oman. Nevertheless, Omani legislation provides particular statutory safeguards restricting relief sought under administrative contracts and limiting attachment over state-owned property to protect the public interest in such circumstances. State immunity in Oman Under Omani law, state immunity is constrained. For instance, there is no overarching principle declaring that...

Under section 6.3 of the Spanish Civil Procedure Rules 2000 ( CPR) and section 11.1 of the Spanish Arbitration Act 2003 ( AA), where a claimant issues proceedings in the first instance courts in relation to a dispute that, by reason of a valid arbitration agreement, ought to be determined by an arbitral tribunal, the defendant may contest the court’s competence by lodging a ‘declinatoria de jurisdicción’, or simply ‘declinatoria’. This ‘jurisdictional challenge application’ (also called ‘the declinatoria application’) is a request for an order stating that the court lacks jurisdiction to hear the case and thereby enforcing the parties’ agreement to arbitrate and to have the arbitral tribunal hear the dispute. Procedure for disputing the court’s jurisdiction As the court cannot raise a jurisdictional objection of its own motion (‘de oficio’), the onus lies on the defendant to do so. The defendant has a short...

In line with its authority to issue interim relief in aid of arbitration, the Arbitration Ordinance ( Cap 609) ( AO) permits the court to grant freezing injunctions ( Mareva injunctions) in support of arbitral proceedings. The criteria for obtaining such relief broadly mirror those applied to freezing orders in standard court actions. Note: The Hong Kong judgments referred to below are not reported by Lexis Nexis®... Powers of the court to grant interim measures (generally) The court may grant interim measures under AO, ss 21 and 45. AO, s 21 confirms that, before or during arbitral proceedings, a party may seek an interim protective measure from the court without offending the arbitration agreement, and the court may grant that relief. AO, s 45 provides that, in relation to arbitral proceedings commenced or to be commenced in or outside Hong Kong, the court can...

Note: The Hong Kong judgments below are not reported by Lexis Nexis®. General principle—minimal interference The Arbitration Ordinance ( Cap 609) ( AO) is designed to uphold party autonomy in arbitration while keeping judicial involvement to a minimum. A central principle of the AO is that the court may intervene in arbitral matters only where the ordinance expressly permits it. The AO gives effect to Article 5 of the UNCITRAL Model Law on International Commercial Arbitration, which likewise provides that courts must not intrude into arbitration except as set out in the law. Even so, the AO equips the Hong Kong courts with defined supportive powers. Notably, under sections 45 and 60, the courts have independent jurisdiction to grant interim protective measures and to issue property-related orders for arbitrations seated either in Hong Kong or overseas. Parties to an arbitration agreement can also expressly opt into...

This Practice Note addresses the making of the award under the 2023 Arbitration Rules of the Stockholm Chamber of Commerce ( SCC) Arbitration Institute (the 2023 SCC Rules). The 2023 SCC Rules apply to SCC arbitrations initiated on or after 1 January 2023, unless the parties agree otherwise. Making the award Once the tribunal announces that the proceedings are closed, its remaining function is to issue and render an award. Under the 2023 SCC Rules, article 42, the directions for making the award are: the award must be in writing the award must state the date of the award and the seat of the arbitration unless the parties have agreed differently, it must include the reasons on which the award rests the arbitrators must sign the award. If giving reasons for a missing signature, it is enough for a majority of the arbitrators to sign, or, if there is no...

This Practice Note addresses emergency arbitration under the 2023 Arbitration Rules of the Stockholm Chamber of Commerce ( SCC) Arbitration Institute (the 2023 SCC Rules). The 2023 SCC Rules govern cases filed on or after 1 January 2023, unless the parties have agreed otherwise. The SCC has released Practice Notes summarising emergency arbitrator rulings issued between 2023 and 2025, which may assist when assessing whether to invoke the emergency arbitrator mechanism. This Practice Note also looks back over 15 years of SCC emergency arbitration, setting out statistical patterns from 2010 to 2025. When to use the emergency arbitrator procedure A party will typically seek the appointment of an emergency arbitrator where an immediate measure is needed, for instance to safeguard an asset. The emergency arbitrator route can be highly effective and relatively cost-efficient for exerting urgent pressure on a...

This Practice Note reviews the arbitration process under the Grain and Feed Trade Association ( Gafta) Arbitration Rules No. 125 ( Gafta 125) once a party has invoked arbitration. References to ‘ Rules’ are to Gafta 125, in force for contracts dated from 1 March 2022, unless stated otherwise. For guidance on launching an arbitration under Gafta 125, see Practice Note: Gafta—commencing an arbitration under Gafta Arbitration Rules No. 125. For an outline of the Gafta appeals process, see Practice Note: Gafta—appeals under Gafta Arbitration Rules No.125. Exchange of submissions To commence an arbitration under Gafta 125, the claimant must, within the prescribed time, serve the respondent with a notice confirming its intention to refer the dispute to arbitration (the Notice of Intention). After the Notice of Intention is served, the claim generally progresses as follows: Under Rule 4.1, the claimant prepares a ‘clear and full’...

This Practice Note explores the appeals route under the Gafta Arbitration Rules No. 125 ( Gafta 125). References to ‘ Rules’ in this Practice Note are to the Gafta 125 rules in force for contracts dated from 1 March 2022, unless stated otherwise. For guidance on starting arbitration under Gafta 125, see Practice Note: Gafta—commencing an arbitration under Gafta Arbitration Rules No. 125. For an outline of the first-tier arbitration, see Practice Note: Gafta—the arbitration process under Gafta Arbitration Rules No. 125. Under Gafta 125, an appeal is a de novo (ie a wholly new) hearing of the dispute before a different Gafta tribunal. Accordingly, the parties may present evidence and submissions not advanced at first instance, and the Board of Appeal may affirm, vary, amend or set aside any part of the award ( Rule...

Appointing the tribunal Appointing the tribunal is a crucial stage in any arbitration. Selecting the right tribunal is essential to keep the arbitration running smoothly and to achieve a fair result. The method used to appoint the arbitral tribunal will depend on several factors, chiefly any provision agreed by the parties in their arbitration agreement or another written document—for further guidance on this, see Practice Note: Choosing your arbitral tribunal. This Practice Note examines the provisions on appointing an arbitral tribunal in arbitration proceedings under the 2021 International Chamber of Commerce ( ICC) Rules of Arbitration ( ICC Rules). Unless stated otherwise, references in this Practice Note to articles and appendices of the ICC Arbitration Rules are to the 2021 ICC Rules. The 2021 ICC Rules apply to any ICC arbitration commenced on or after 1 January 2021, unless the parties expressly agree that an earlier...

This Practice Note explores the rules on evidence and hearings in arbitrations conducted under the 2021 International Chamber of Commerce ( ICC) Rules of Arbitration ( ICC Rules). Unless stated otherwise, any references in this Practice Note to articles or appendices are to the 2021 ICC Rules in this Practice Note itself. The 2021 ICC Rules govern all ICC arbitrations begun on or after 1 January 2021, save where the parties expressly agree that an earlier iteration of the ICC Rules will apply (eg within, or as reflected in, the arbitration clause). For links to guidance on the 2017 version of the ICC Rules, see: ICC arbitration—overview. Documentary evidence in ICC arbitration Documentary material is relevant throughout ICC arbitration and becomes prominent at different phases of the case during the arbitral proceedings. Broadly, the tribunal must move as swiftly as possible to ascertain the facts by every...