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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 National People’s Congress of the People’s of China Under PRC law, a party to arbitration may petition a PRC court to challenge or set aside an arbitral award. In many jurisdictions, the set-aside is termed vacation or annulment. This Practice Note has been updated to account for the 2025 amendments, which come into force on 1 March 2026. All references to articles of the Arbitration Law are to the law as amended. Jurisdiction of the PRC courts and general procedure As a matter of statute, PRC courts may annul only those arbitration awards seated in Mainland China and issued by arbitration institutions in Mainland China ( Article 72 of the Arbitration Law, as amended in 2025). The Arbitration Law has no binding effect on awards seated outside those territories. Consequently, PRC courts have no power to set aside awards seated in Hong Kong, Macau, Taiwan, or in...
Serious irregularity under AA 1996, s 68 A participant in arbitration may, after notifying the other parties and the tribunal, seek the assistance of the courts of England and Wales to contest an award on the basis of serious irregularity affecting the tribunal, the process or the award itself ( Arbitration Act 1996 ( AA 1996), s 68(1)). In this Practice Note, England and English are used as convenient shorthand. Serious irregularity means an irregularity falling within one or more of the nine exhaustive heads set out in AA 1996, s 68(2)(a)–(i), which the court finds has caused, or will cause, substantial injustice to the applicant ( AA 1996, s 68(2)). For guidance on the potential grounds on which the court may conclude there is serious irregularity and on how to bring applications under s 68, see the Practice Notes: AA...
AA 1996, s 68—what does the section provide? A participant in arbitration, having given notice to the other parties and to the tribunal, may apply to the courts of England and Wales to challenge an award made in the proceedings on the ground of a serious irregularity affecting the tribunal, the conduct of the proceedings, or the award itself (section 68(1) of the Arbitration Act 1996 ( AA 1996)). In this Practice Note, England and English are employed as convenient shorthand. Generally speaking, there will be no real issue about the classification of a tribunal’s or arbitrator’s decision (ie whether it constitutes an award or not). If a challenge based on serious irregularity is brought and the status of the decision is ambiguous, the court will consider and determine that status as a threshold point before it goes any further with the matter. A...
A by-product of arbitration’s cross-border character is the multiplicity of currencies parties and tribunals must handle, sometimes within a single case, with claims brought—and frequently granted—in different denominations. For broader guidance on currency questions in arbitration, see Practice Note: Currency in arbitration. Currency in International Centre for Settlement of Investment Disputes ( ICSID) arbitration proceedings In investment arbitrations, tribunals regularly face currency-choice issues, chiefly linked to movements in the host state’s currency in which the investment was made and losses occurred and/or to the non-exchangeable status of some currencies. The following case illustrates how ICSID tribunals have addressed such questions. In Siemens AG v Argentine Republic ( ICSID Case No ARB/02/8), the tribunal decided that compensation should be payable in US dollars rather than the contract currency, Argentine pesos. It was contended that the agreement did not secure Siemens parity between the peso and the...
Challenges and appeals for error of law against arbitral awards to the court under sections 67, 68 and 69 of the Arbitration Act 1996 ( AA 1996) Such proceedings can markedly slow down enforcement and, at times, jeopardise an award creditor’s prospects of recovering on the award, by prolonging the process and creating hurdles to collection. Indeed, some losing parties may invoke AA 1996, ss 67–69 precisely to achieve that outcome. Such tactics obstruct swift realisation of the award and delay payment. Accordingly, the English and Welsh court’s ability to require security equal to the award ( AA 1996, s 70(7)) and security for costs ( AA 1996, s 70(6)) for any challenge or appeal are vital measures every respondent ought to evaluate. When used in the right circumstances, the s 70 security regime can spare parties significant time and expense. This Practice Note...
The English court and security for costs during arbitral proceedings In England and Wales, the courts currently lack authority to order security for costs while an arbitration is underway; that competence lies exclusively with the tribunal. This was not always the position. In Coppée- Lavalin v Ken- Ren Chemicals and Fertilisers; Voest- Alpine v Ken- Ren Chemicals and Fertilisers, the House of Lords, considering section 12(6)(a) of the Arbitration Act 1950, confirmed that the court was not prevented from directing security for costs in an international arbitration, and endorsed the general framework for exercising that discretion as described by Lord Mustill. The House nevertheless divided on how the discretion should be applied on the facts, with a majority holding that security for costs ought to be ordered in an International Chamber of Commerce ( ICC) arbitration taking place in London. Lords Keith, Slynn and Woolf...
This Practice Note addresses the dispute resolution process commonly known as , which is governed by the SCC Rules for Express Dispute Assessment (the Rules). What is ? The Stockholm Chamber of Commerce ( SCC) Arbitration Institute introduced the SCC Rules for Express Dispute Assessment () in May 2021. Developed to give clients additional options for resolving disputes without turning to traditional procedures, following client and market research showing demand, the process is a new hybrid of arbitration and mediation. As with commercial arbitration and mediation, it is voluntary and confidential. Crucially, confidentiality applies by default and extends to any subsequent arbitration, litigation or other legal proceedings. In contrast to conventional arbitration, the conclusions are not legally binding or enforceable. It also departs from mediation because the usual outcome is an assessment of the merits of the dispute, rather than a mediator’s...
Introduction to the SCC’s UNCITRAL procedures The Arbitration Institute of the Stockholm Chamber of Commerce ( SCC) has for many years participated in arbitrations under the UNCITRAL Arbitration Rules, most commonly in the role of appointing authority. From 1 January 2015, the SCC amended its procedures to reflect the two distinct functions it may perform under those Rules—as appointing authority and as administering body. You should note that varying Schedules of Costs apply based on the date your arbitration was commenced under the 2015 SCC Procedures for the Administration of Cases under the UNCITRAL Arbitration Rules (2015 SCC UNCITRAL Administration Procedures). Where a 2015 SCC UNCITRAL Administration Procedures arbitration began before 1 January 2020, you must consult the Schedule of Costs contained in the version applicable to that earlier period. Likewise, for any 2015 SCC UNCITRAL Administration Procedures arbitration started on or after 1...
This Practice Note addresses the arbitration procedure under the 2023 Arbitration Rules of the Stockholm Chamber of Commerce ( SCC) Arbitration Institute. The institution has adopted the name ‘ Stockholm Chamber of Commerce ( SCC) Arbitration Institute.’ The 2023 SCC Rules govern arbitrations filed with the SCC on or after 1 January 2023, unless the parties agree otherwise. A revised SCC Schedule of Costs applies to 2024 SCC arbitrations; see here. The SCC Arbitration Institute The SCC ranks among the most widely recognised arbitral bodies globally. As with peer institutions, it administers the resolution of disputes through arbitration. It does not adjudicate cases itself; decisions are made by arbitrators appointed in accordance with the SCC Arbitration Rules. The organisation comprises a Secretariat, led by the Secretary‑ General, and an international Board of prominent arbitration practitioners, which convenes monthly to take...
This Practice Note outlines the model clauses endorsed by the Stockholm Chamber of Commerce ( SCC) Arbitration Institute for arbitration, whether chosen as the primary method of dispute resolution or as the definitive mechanism if mediation fails. It also presents the model clause for expedited arbitration in lower value or less complex matters, and SCC Express. Parties seeking to provide for SCC arbitration should a dispute arise between them are encouraged to adopt these model clauses. For further details on arbitrating under the SCC Arbitration Rules, see: SCC arbitration—overview. Basic SCC model clause Any dispute, controversy or claim arising from or connected with this contract, including its breach, termination or invalidity, shall be finally resolved by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute. Recommended additions: The arbitral seat shall be... The language of the arbitral proceedings shall be... This contract shall be governed by the...
This Practice Note This Practice Note addresses procedure under the Stockholm Chamber of Commerce Arbitration Institute’s 2023 Arbitration Rules (the 2023 SCC Rules). Those Rules govern SCC cases filed from 1 January 2023 onward, save where the parties stipulate otherwise. Determining the law that governs the procedure The seat The chosen seat fixes the legal seat, or lex arbitri, namely the national arbitration law applying alongside the SCC Rules. SCC cases are typically seated in Sweden, though the parties may select any seat worldwide. The Rules dovetail with the Swedish Arbitration Act ( SAA). Swedish courts generally refrain from interfering with party autonomy, intervening only to protect due process when a party so requests. If no seat is agreed, the Board sets it (2023 SCC Rules, art 25(1); 2023 SCC Expedited Rules, art 26(1)). The Board commonly opts for Stockholm ( Sweden) as the seat, unless compelling reasons justify...
This Practice Note reviews how courts in the Kingdom of Saudi Arabia ( KSA, Saudi, Saudi Arabia) recognise and enforce both local and international arbitral awards under Saudi law. The relevant legal framework The Saudi Arbitration Law, promulgated by Royal Decree No. M/34 on 16 April 2012 (the Arbitration Law), and grounded in the UNICTRAL Model Law on International Commercial Arbitration. Under Article 2, it governs arbitrations seated in Saudi Arabia, and also proceedings conducted abroad where the parties have designated the Arbitration Law as the governing law of the arbitration. The Implementing Regulations of the Arbitration Law, issued pursuant to Cabinet of Ministers’ decision number 541 on 22 May 2017 (the Implementing Regulations of the Arbitration Law). The Enforcement Law, enacted by Royal Decree No. M/53 dated 30 July 2012 (the Enforcement Law). The...
This Practice Note reviews the availability of interim and/or emergency measures within, and in aid of, arbitration proceedings under the law of the Kingdom of Saudi Arabia ( KSA, Saudi or Saudi Arabia). The relevant legal framework 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, where the parties agree, to proceedings seated abroad as the governing law of the proceedings ( Arbitration Law, Article 2) Implementing Regulations of the Arbitration Law, issued by Cabinet of Ministers’ decision number 541 on 22 May 2017 (the Implementing Regulations of the Arbitration Law) Enforcement Law, issued by Royal Decree No. M/53 dated 30 July 2012 (the Enforcement Law) Implementing Regulations of the...
This Practice Note explores objections to an arbitral tribunal’s substantive jurisdiction under the laws of the Kingdom of Saudi Arabia ( KSA, Saudi or Saudi Arabia). It also briefly addresses how to dispute the Saudi courts’ jurisdiction over claims governed by an arbitration agreement where such claims are subject to arbitration. The Note further reviews the availability of anti-suit interim measures in aid of arbitration under Saudi law. The relevant legal framework the Saudi Arbitration Law, promulgated through Royal Decree No. M/34 on 16 April 2012 (the Arbitration Law), and founded on the UNICTRAL Model Law on International Commercial Arbitration. The Arbitration Law applies to arbitration proceedings seated in Saudi Arabia, and equally to arbitrations conducted outside Saudi Arabia where the parties have agreed that the Arbitration Law shall be the governing law of the proceedings ( Arbitration Law, Article 2) the...
—the legal framework The applicable rules depend on the dispute type and/or the parties’ legal status: either the Arbitrazh ( Commercial) Procedure Code of the Russian Federation ( APC) or the Civil Procedure Code of the Russian Federation ( CPC) will apply. Under paragraph 1 of Article 241 APC, decisions of foreign courts and arbitral tribunals are recognised and enforced within the Russian Federation where such recognition and enforcement are provided by international treaties and federal laws. Chapter 45 of the CPC sets out equivalent provisions. As a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, Russia assures recognition and enforcement of arbitral awards domestically in accordance with the binding rules of the Law of the Russian Federation On International Commercial Arbitration No. 5338-1 of 7 July 1993 (the Law on ICA). Article 17 of the Law on ICA...
This Practice Note examines the revocation of an arbitrator’s authority under the Arbitration Act 1996 ( AA 1996) and illustrative arbitration rules, and also addresses certain implications arising from an arbitrator’s resignation or death. For guidance on applications to the courts of England and Wales to remove an arbitrator under AA 1996, s 24, see Practice Note: AA 1996—applying to remove an arbitrator (s 24). Revocation of an arbitrator’s authority In some situations, an appointed arbitrator’s authority may be withdrawn while the arbitration is in progress, for instance where a clear lack of independence and/or impartiality is shown—see Practice Note: Challenging the tribunal’s independence or impartiality. Before pursuing revocation, the parties should weigh the potential drawbacks, including the expense and delay of appointing a replacement arbitrator, and the further time and costs required to revisit issues already addressed by the removed...
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...
ARCHIVED: This Practice Note is archived and no longer maintained. Practice Note: Remote hearings in international arbitration—a practical guide may aid those examining this subject. This Practice Note includes an updated version of chapter 53 of ‘ International Commercial Arbitration Practice: 21st Century Perspectives’ authored by Paul E. Mason (copyright 2020 Matthew Bender & Company, Inc, a Lexis Nexis® company, all rights reserved). The author observed that, with the arrival of the coronavirus ( COVID-19) pandemic in early 2020, video‑conferencing assumed fresh prominence and significance for use in international arbitration proceedings, as well as in mediations arising from disputes in international arbitration or elsewhere. The source material for this article derives from a chapter by the author on this topic, drawing on his experience organising and taking part in the world’s first international commercial mediation conducted by...
The regime for recognising and enforcing international arbitral awards in Jersey sits within the Arbitration ( Jersey) Law 1998, as amended (the Arbitration Law). Parts 3 and 4 enable enforcement of awards made under: the Protocol on Arbitration Clauses, 24 September 1923 (the Protocol) the Geneva Convention on Foreign Arbitral Awards, 26 September 1927 (the Geneva Convention) the New York Convention, 10 June 1958 (the New York Convention) In essence, where an arbitration agreement falls within any of the Protocol, Geneva Convention or New York Convention, and the requisite conditions are met, the award may be enforced by the Royal Court of Jersey (the Court) in the same way as a judgment or order of that Court to equivalent effect. Domestic awards The Arbitration Law differentiates between domestic and non-domestic awards. Part 2 governs domestic awards arising from arbitration...
This Practice Note looks at the framework for recognising and enforcing international arbitral awards in Türkiye and, where appropriate, draws on case law... Applicable legislation Türkiye’s arbitration system, together with the rules on recognition and enforcement, is founded on the United Nations Commission on International Trade Law ( UNCITRAL) Model Law on International Commercial Arbitration 1985. The two principal instruments governing recognition and enforcement are the Convention on the Recognition and Enforcement of Arbitral Awards (the New York Convention) and the International Private and Procedural Law ( IPL) No. 5718. The New York Convention took effect in Türkiye under Law No. 3731 in 1991 and since then has applied to recognition and enforcement applications brought in Türkiye. As an international treaty, the New York Convention prevails over domestic legislation pursuant to Article 90 of the Turkish Constitution. Türkiye has confined the New York...
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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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