Legal Practice Notes

In Germany, the framework for recognising and enforcing awards of the International Centre for Settlement of Investment Disputes is set by Chapter IV, section 6 of the ICSID Convention of 18 March 1965 (articles 53–55), together with the German statute implementing that treaty, the Investitionsstreitbeilegungsgesetz ( Inv Streit Beil G). The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is inapplicable. Under Inv Streit Beil G, article 2(1), an ICSID award may only be enforced after a German court has confirmed its enforceability. So far, there are no reported German court rulings addressing recognition and enforcement of ICSID awards. German law differentiates between the stage of declaring an award enforceable (“ Recognition”) and the subsequent stage of carrying out enforcement (“...

Note: Brazil judgments below are not reported by Lexis Nexis®. What constitutes a foreign arbitral award in Brazil? The Brazilian Arbitration Act ( Federal Law No. 9,307/96, ( BAA)) identifies two categories of arbitral awards: domestic and foreign. Foreign awards are those issued outside Brazil ( BAA, art 34, para 1) and must undergo recognition before they can be enforced locally. Domestic awards are those delivered within Brazil and are enforceable as a domestic judgment without any need for court confirmation. Accordingly, for the recognition and enforcement of foreign awards, the arbitral seat is pivotal in determining where the award is rendered and whether prior confirmation is required in Brazil. How to enforce a foreign arbitral award in Brazil To enforce a foreign arbitral award in Brazil, it must first be submitted for recognition before the Brazilian Superior Court of Justice ( Superior Tribunal de Justiça, ( STJ)). The...

This Practice Note explores how domestic and overseas arbitral awards are recognised and enforced in the Cayman Islands. For a brief introduction to the Cayman arbitration framework, including the Arbitration Act 2012 (the 2012 Act), see Practice Note: Stay of court proceedings and anti-suit injunctions in support of arbitration in the Cayman Islands—an introduction to the Cayman Islands arbitration regime. Note: the judgments of the Cayman Islands courts mentioned in this Practice Note are not reported by Lexis Nexis® UK. The regime for the enforcement of arbitral awards in the Cayman Islands The UK government extended the operation of the 1958 New York Convention on the Enforcement of Arbitral Awards (the New York Convention) to the Cayman Islands by notifying the Secretary‑ General of the United Nations, with effect from 24 February 1981. The notification included a reservation that the Cayman Islands would apply the New York...

The Mauritian legal system Mauritius operates a mixed legal order, blending French civil law heritage with British common law traditions. It exhibits a dual structure: procedures in both criminal and civil proceedings are largely English in origin, while much of the substantive framework derives from the French Napoleonic Code. The jurisdiction therefore embodies both civil law and common law traits, reshaped to suit domestic requirements and yielding a distinctive body of Mauritian law. This duality appears in the separate regimes applicable to domestic and international arbitration. Rules for domestic arbitration are set out in the Civil Procedure Code 1808 ( Code de Procédure Civile) ( CPC), drawn from a French version, whereas international arbitration falls under the International Arbitration Act 2008 ( IAA 2008), modelled on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law). For further detail on...

This Practice Note explores the recognition and enforcement of arbitral awards under Austrian law Note The decisions of the Austrian Supreme Court ( Oberster Gerichtshof) ( OGH) mentioned below are not reported by Lexis Nexis®. Austria’s regime for recognising and enforcing foreign arbitral awards consists of national statutes, international treaties, and bilateral and multilateral accords. Two domestic statutes are central: the Austrian Enforcement Act ( AEA) and the Austrian Code of Civil Procedure ( ACCP), which sets out Austrian arbitration provisions. Section 614 ACCP governs the recognition and declaration of enforceability of foreign arbitral awards, meaning awards issued by tribunals seated outside Austria: recognition and the declaration of enforceability of foreign arbitral awards proceed under the Enforcement Act ( Exekutionsordnung), unless international law or EU legal instruments provide otherwise. The formal requirements for the arbitration agreement are also satisfied if the agreement complies both with section 583 and with the...

For an overview of arbitration in Qatar, see Practice Note: Arbitration in Qatar—an introduction. An introduction to enforcement of arbitral awards in Qatar Depending on where an arbitral award is issued, award creditors may rely on Qatar Law No. 2/2017, which promulgates the Civil and Commercial Arbitration Law ( Qatari Arbitration Law), or on applicable international treaties—principally the New York Convention—to secure recognition and enforcement of arbitral awards in Qatar. As a Contracting State, Qatar is bound by the New York Convention. Under Articles 2 and 3, Qatar must recognise written arbitration agreements and treat arbitral awards as binding, enforcing them in line with its domestic procedural rules, subject to the conditions set out in the New York Convention. Although the Qatari Arbitration Law and international treaties (whose application the Qatari Arbitration Law itself preserves) provide the legal framework for recognition and...

For a general overview of arbitration in Qatar, see Practice Note: Arbitration in Qatar—an introduction. Challenging arbitral tribunal jurisdiction in Qatar—overview There is scant jurisprudence in Qatar on disputes concerning an arbitral tribunal’s jurisdiction. This Practice Note, accordingly, concentrates on the limited statutory framework and the available anecdotal insights on the topic. Such challenges are directed at the arbitrators’ authority and commonly arise from the agreement to arbitrate itself. Because arbitration operates as an alternative forum to the state courts—which retain inherent jurisdiction over disputes within their territory—an important issue emerges: should tribunals decide their own competence, or ought these questions be resolved by the domestic courts? The prevailing response in international arbitration is the doctrine of Kompetenz-kompetenz, which empowers arbitral tribunals to determine their own jurisdiction, alongside the doctrine of separability of the arbitration agreement......

This Practice Note considers the availability of provisional awards under the Arbitration Act 1996 ( AA 1996), pending the Arbitration Act 2025. The Arbitration Act 2025 secured Royal Assent on 25 February 2025. For details of its commencement, see Practice Note: When will the Arbitration Act 2025 come into force? A provisional award supplies, on an interim footing, a remedy that the arbitral tribunal could equally grant by a final award ( AA 1996, s 39(1)). The tribunal does not possess an inherent power to issue a provisional award; such authority must be conferred by agreement of the parties ( AA 1996, s 39(4)). Provisional awards may include orders for: the payment of money the disposition of property between the parties an interim payment on account of the costs of the arbitration See also EGF v HVF, noting that the parties were free to confer on...

This Practice Note is prepared in collaboration with Peter Halprin, Fiona Cain, and Amanda Laurel Gayer of Haynes and Boone, LLP. It examines questions concerning the independence and/or impartiality of arbitrators in arbitral proceedings. Reference is made to the law of England and Wales, the Arbitration Act 1996 ( AA 1996), and to certain international arbitration rules. This Practice Note is intended to be read alongside Practice Note: Challenging the tribunal’s independence or impartiality. It addresses these issues by reference to those sources... Issues of independence and impartiality The proposition that a court must be both independent and unbiased is deeply rooted across legal systems and in major international human rights instruments. Equally, a central tenet of arbitration requires that arbitrators are, at the point of appointment and throughout the duration of the proceedings, independent of and impartial towards the parties to the...

ARCHIVED : This Practice Note has been archived and is not maintained . This archived Practice Note reviews the principal actual and potential legal and practical ramifications of the UK’s exit from the EU ( Brexit) for arbitration law and practice in England and Wales, using England and English as shorthand. It also addresses how the EU‑ UK Trade and Cooperation Agreement ( TCA) relates to arbitration conducted in England. In brief, and explored further below, the legal and practical effects of Brexit on arbitration in England are, or are anticipated to be, limited, with little, if any, negative impact on practitioners or on London’s standing as a leading seat of international arbitration globally. That said, the short-, medium- and long-term consequences for the arbitration market in London and across England cannot be wholly disentangled from the broader outcomes of the UK’s...

In arbitration, jurisdiction signifies the arbitral tribunal’s authority to decide issues that go to the merits of the dispute (see: Jurisdiction and admissibility in dispute resolution clauses). Accordingly, jurisdiction is a prerequisite for an arbitral tribunal to rule on a case... General principles of arbitral tribunal jurisdiction under Macau Arbitration Law Jurisdiction established by agreement—party autonomy In arbitration, the tribunal’s jurisdiction derives entirely from the parties’ consent. Their arbitration agreement(s) both grant the power to resolve disputes and delineate its scope. Although an arbitral tribunal has no inherent jurisdiction, it is empowered to assess that question itself under the general rule of Kompetenz- Kompetenz... The principle of Kompetenz Kompetenz The arbitral tribunal may determine its own jurisdiction and decide any challenge to the existence or validity of the arbitration agreement. This principle is recognised in virtually all arbitration regimes, and Macau is no exception. Under Article 46 of the Macau...

LCIA arbitration—overview This Practice Note addresses London Court of International Arbitration ( LCIA) proceedings under the LCIA Arbitration Rules 2020 (the LCIA Rules), in force from 1 October 2020. For practical guidance on arbitrations under the 2014 and 1998 LCIA Rules, the earlier iterations, see the relevant Practice Notes here: LCIA arbitration—overview. In administered arbitration, a tribunal owes obligations not only to the parties but also to the administering institution. The LCIA Rules place duties on arbitrators yet adopt a comparatively lighter approach than, for example, the Arbitration Rules of the International Chamber of Commerce ( ICC Rules). The LCIA Rules set out a framework for proceedings conducted under them; they delineate the powers the tribunal will always possess, as well as those that arise by default where the parties have not agreed otherwise......

Duty of impartiality and independence Each member of the Arbitral Tribunal is required to remain unbiased and independent of the parties ( Article 14.1). In broad terms, the Tribunal enjoys discretion to manage the arbitration as it deems suitable, provided it complies with the LCAM Rules and any arrangement between the parties ( Article 19.1). That discretion is constrained by a duty to conduct the proceedings in an impartial, practical and swift manner, giving every party an equal and reasonable chance to put forward its case ( Article 19.2). Although the expression ‘impartial, practical and expeditious’ is not commonly found in the rules of other well established arbitral bodies, it does not, in substance, differ from the familiar requirements of fairness, efficiency and expeditiousness recognised elsewhere. Statement of impartiality Before appointment, any proposed member of the Arbitral Tribunal must sign a declaration of...

This Practice Note provides an overview of jurisdictional issues that may arise in international arbitration proceedings and that could give rise to challenges to an arbitral tribunal’s substantive jurisdiction over a dispute, or part of it. It is essential that both the parties’ advisers and the tribunal are alert to the areas in which a jurisdictional challenge might emerge, and that they advise participants accordingly. It should be remembered that although a party may have grounds to advance a jurisdictional challenge in a particular case, that does not necessarily mean it ought to, or that it will, do so. There are circumstances where a party, while considering a matter not to be captured by an arbitration agreement, may nonetheless prefer that the point be determined by arbitration in any event, and, in doing so, may waive its right to contest...

ARCHIVED: This Practice Note has been archived and is not maintained This Practice Note compiles the key awards and determinations delivered by tribunals in investment treaty arbitration, with a primary focus on matters administered by the International Centre for the Settlement of Investment Disputes ( ICSID). It also encompasses pertinent awards and decisions arising from proceedings under the United Nations Commission on International Trade Law ( UNCITRAL) Arbitration Rules and those overseen by other institutions, including the Arbitration Institute of the Stockholm Chamber of Commerce ( SCC), the Permanent Court of Arbitration ( PCA) and the International Court of Arbitration of the International Chamber of Commerce ( ICC). Determinations by ad hoc Committees in ICSID annulment proceedings are likewise captured. Although investment treaty arbitration has no recognised system of precedent, earlier decisions are commonly cited by parties and considered by tribunals. This tracker is...

The framework for international arbitration in Canada Canada applies the 1985 United Nations Commission on International Trade Law ( UNCITRAL) Model Law (the Model Law). Given Canada’s federal structure, distinct international arbitration statutes operate at the federal tier and within each province and territory. Those enactments either reproduce the Model Law— Ontario’s International Commercial Arbitration Act, 2017, SO 2017, c 2, Sch 5 (the ‘ International Commercial Arbitration Act 2017’) attaches it as a Schedule—or adopt its principles. Federally, Canada has not implemented the 2006 amendments to the Model Law. Provincially, only Ontario and British Columbia have adopted them, as reflected respectively in Schedule 2 to the International Commercial Arbitration Act 2017 and in the International Commercial Arbitration Act, RSBC 1996, c 233. Interim measures from arbitral tribunals Article 17 of the Model Law provides that, unless the parties stipulate otherwise, an arbitral tribunal may grant...

This Practice Note explores objections to the jurisdiction of arbitral tribunals under the Indian Arbitration and Conciliation Act 1996 ( ACA 1996), as updated and amended, as well as anti-suit and anti-arbitration injunctions in this context. Note: Indian judgments cited in this Practice Note are not reported by Lexis Nexis® UK. The Arbitration and Conciliation Act 1996 (as amended) Arbitration law in India is set out comprehensively in the Arbitration and Conciliation Act 1996 ( ACA 1996). The ACA 1996 was revised by the Arbitration and Conciliation ( Amendment) Act 2015 (the 2015 Amendment), and later by the Arbitration and Conciliation ( Amendment) Act 2019 (the 2019 Amendment), respectively. This Practice Note addresses the legal position under the ACA 1996 following the 2015 Amendment and the 2019 Amendment. The discussion reflects the statute’s position following both sets of...

Since the ICSID Convention came into force on 14 October 1966, consultations among Member States have progressively driven revisions to the ICSID Regulations and Rules, producing significant updates over time: the 2006 Rules (effective from 10 April 2006) and the 2022 Rules (effective from 1 July 2022). This Practice note has been revised and updated to reflect the 2022 Rules alongside the 2006 Rules, which may still govern particular cases in practice. Note that article 44 of the ICSID Convention provides that arbitration is conducted under the rules in force at the moment the parties consent to arbitration. For details on which rules may apply, and on consent, please see— Practice Note: ICSID arbitration—introduction and procedure. What is annulment in ICSID arbitration proceedings? A hallmark of arbitration under the International Centre for the Settlement of Investment Disputes ( ICSID) Convention (as given effect by the ICSID...

ARCHIVED : This Practice Note is archived and no longer maintained. CORONAVIRUS ( COVID-19): Numerous arbitral organisations have reacted to the coronavirus pandemic by issuing practical guidance and making adjustments to standard procedures and working practices. For details on how this content and related arbitration proceedings may be affected, see Practice Note: Arbitral organisations and coronavirus ( COVID-19)—practical impact [ Archived] [ Archived]. For additional information, see: Coronavirus ( COVID-19) and arbitration—overview. This Practice Note presents the International Chamber of Commerce ( ICC), the International Court of Arbitration of the ICC ( ICC Court) and the 2017 ICC Rules of Arbitration ( ICC Rules). It also points to the ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration ( ICC Note). The ICC Rules govern any ICC arbitration begun on or after 1 March 2017, unless the parties have...

This Practice Note reviews fees, advances and costs under the 2021 International Chamber of Commerce ( ICC) Rules of Arbitration ( ICC Rules). The ICC Rules apply to any ICC arbitration begun on or after 1 January 2021, unless the parties expressly agree that an older version of the ICC Rules will govern (eg, in the arbitration clause). For information on: the ICC’s charges when acting as appointing authority, see Practice Note: ICC as appointing authority [ Archived] the tariffs of leading arbitral institutions, including the ICC, see Practice Note: Costs and fees of key arbitral institutions the 2017 and 2012 versions of the ICC Rules, see: ICC arbitration—overview Arbitration costs under the ICC Rules ICC arbitration costs comprise ( ICC, art 38): the tribunal’s fees and expenses ICC administrative charges, set by the ICC Court fees and expenses of any...