Legal Practice Notes

ARCHIVED This Practice Note is archived and no longer maintained. This Energy legislation tracker presents key forthcoming legislation of interest to Energy lawyers from 1 January 2017. The tracker is divided into the following jurisdictions: England and Wales European Union Entries appear in reverse chronological order. Items applying solely to Wales are flagged on the tracker. England and Wales Ionising Radiations Regulations 2017 ( SI 2017/1075) Key date: 1 January 2018 Status: Comes into force; In force Topics: Nuclear licensing and regulation These Regulations establish a framework to ensure occupational exposure to ionising radiation is kept as low as reasonably practicable. They transpose the occupational elements of Directive 2013/59/ Euratom, which sets basic safety...

ARCHIVED: This archived Practice Note outlined significant legal developments anticipated to affect corporate lawyers during 2015. It has not been revised since 2015. For new legal developments from January 2018 onwards, see Practice Note: Corporate horizon scanning—2018 and beyond. 2015 | January 2015 | February 2015 | March 2015 | April 2015 | May 2015 | June 2015 | July 2015 | August 2015 | September 2015 | October 2015 | November 2015 | December 2015 January 2015 Date Subject matter Development and Background Resources 1 January 2015 Takeovers— Miscellaneous amendments to the Takeover Code The revisions to the Takeover Code proposed in Panel consultation PCP 2014/1— Miscellaneous amendments to the Takeover Code—come into effect. On 16 July 2014, the Code Committee of the Takeover Panel launched a consultation on a range of detailed, varied amendments to provisions of the Code. The consultation closed on 12...

This archived guidance, from January 2015, issued by The Chartered Governance Institute (formerly known as ICSA: The Governance Institute) ( CGI), lays out......

Important note— Archived Practice Note This Practice Note is no longer maintained, as it reflects the position before the streamlined Immigration Rules and procedures introduced at and before the end of the Brexit transition period. It is preserved in the archive for historical reference. Several Immigration Rules govern whether a leave to remain application is valid, set out in Immigration Rules, Part 1, para 34. Where an application is not made validly, it is regarded as never having been lodged. Following a phased expansion of online procedures across various immigration categories, from November 2018 almost all applications have been submitted online. Before the shift to online forms, difficulties with validity requirements were frequent, for example issues with payment being taken, or with photographs. Such defects could carry grave consequences: if an application is sent back as invalid after a person’s leave has lapsed, they become an...

The Technology, Media and Telecoms ( TMT) sector has a central role in the world economy. As a cornerstone of the global economy, the Technology, Media and Telecoms ( TMT) arena shapes how we live and work. Tools and platforms spanning blockchain and cryptocurrency, 5G, Web3, artificial intelligence, data analytics, virtual reality, the metaverse and the Internet of Things have moved from novelty to everyday essentials. While governments around the world confront fresh legal and policy questions prompted by these technologies and their broad deployment, technology businesses face mounting regulatory scrutiny. Unsurprisingly, the volume of technology disputes is rising. Arbitration is frequently cited as the favoured mechanism for resolving TMT disagreements. In the 2016 Queen Mary University of London survey (the 2016 QMUL survey), 92% of respondents viewed arbitration as well suited to TMT disputes and 43% regarded it as the preferred dispute...

Ireland as a seat of arbitration In recent years, the Republic of Ireland ( Ireland) has pursued a focused drive to position itself as a hub for international arbitration. These initiatives have intensified since the UK’s departure from the EU, with representative bodies such as Arbitration Ireland arguing that Dublin can attract cross-border dispute work at London’s expense. September 2024 saw the second Dublin International Disputes Week, building on the now well‑established Dublin International Arbitration Day. Ireland’s principal selling points in this respect include: a common law jurisdiction membership of the European Union excellent infrastructure and facilities a pool of highly skilled professional expertise adoption of the United Nations Commission on International Trade Law ( UNCITRAL) Model Law on International Commercial Arbitration (the Model Law) The Irish courts have traditionally shown deference to contracting parties’ selection of arbitration as their chosen means of resolving disputes......

Arbitration in the BVI The BVI Arbitration Act 2013 ( BVI Act), in force from 1 October 2014, is the principal legislation governing arbitration in the BVI. An important element of the Act was the creation of the BVI International Arbitration Centre ( BVI IAC). Although the BVI government remains committed to ensuring that, through the IAC, the BVI becomes a viable and notable participant in international arbitrations, there are still comparatively few reported cases in which the BVI is chosen as the seat of the dispute, although such instances are gradually increasing. As a result, BVI jurisprudence concerning its supervisory role, including any challenge to the arbitral tribunal, is limited and will remain so for the immediate future. Nevertheless, the BVI Court is frequently asked to assist foreign arbitrations, to stay proceedings commenced in this jurisdiction in favour of...

Arbitration in Qatar—the background Governing legislation and approach to arbitration Since 2017, Qatari case law and practice on arbitration have undergone significant development. Lawmakers introduced a fresh arbitration regime, drawing heavily from the UNCITRAL Model Law on International Commercial Arbitration, and sought feedback from the international legal community. Law No 2 of 2017 Promulgating the Civil and Commercial Arbitration Law ( Qatari Arbitration Law) was enacted in February 2017, published in the Official Gazette in March 2017, and took effect in April 2017. The Qatari Arbitration Law governs all arbitral proceedings in Qatar. As it is modelled on the UNCITRAL Model Law, the operation of arbitration broadly aligns with that in other jurisdictions. Given Arabic is the State of Qatar’s official language, most legislation is officially issued only in Arabic. In this instance, however, the Qatar International Court and Dispute Resolution Centre ( QICDRC) was...

Choosing arbitration as the forum for resolving disputes has continued to gain broad traction in Nigeria. Nevertheless, parties bound by arbitration clauses frequently begin court proceedings to contest the authority of arbitral tribunals to determine their matters. Challenging arbitral jurisdiction Until 26 May 2023, the principal statute governing arbitration in Nigeria was the Arbitration and Conciliation Act, 1988, Cap A18, Laws of the Federation of Nigeria, Vol. 2010 (“ ACA”), which was predominantly modelled on the UNCITRAL Model Law with some variations. The ACA expressly recognised the sanctity of the arbitration agreement (see section 2) and treated such agreements as generally irrevocable. That enactment has since been repealed and replaced by the new Arbitration and Mediation Act 2023 (“ AMA”). The AMA preserves the default position of irrevocability. This mirrors the ACA’s stance. Under section 3, subject to section 5(1) and unless the parties agree...

Home to more than 700,000 people across 33 square kilometres, Macau is a Special Administrative Region of the People’s Republic of China ( PRC) operating under the ‘one country, two systems’ framework. Consequently, it enjoys substantial economic autonomy. Recognised as a distinct customs territory, Macau maintains a liberal marketplace and functions as a free port. Gaming and tourism underpin the local economy, and over time the city has drawn many thousands of visitors from the PRC and the Hong Kong Special Administrative Region ( HKSAR). A notable share of economic activity still hinges on gambling, which accounts for over 70% of tax receipts and provides jobs for around one-fifth of the labour force. To broaden its base, the government is advancing tourism and leisure as diversification levers. Beyond these two dominant pillars, other sectors have seen only modest expansion, including the...

Arbitrations arising from insurance and reinsurance disagreements reflect many of the characteristics found in other commercial arbitration. This Practice Note outlines both ad hoc and institutional procedures for arbitrations within the insurance sphere. It further addresses Bermuda Form proceedings that can flow from ‘ Bermuda Form’ policies, a distinct class of excess liability insurance. References to ‘insurance’ in this Practice Note are to ‘insurance and reinsurance’ unless stated otherwise. The Practice Note covers: Agreements to arbitrate in the insurance context, institutional and ad hoc arbitration Bermuda Form arbitrations Agreements to arbitrate, institutional and ad hoc arbitration Agreements to arbitrate For arbitration to be used as a route to resolve a dispute, the parties to the insurance contract must either have agreed to refer the dispute or difference that has arisen to arbitration, or must agree, after the dispute has arisen, to arbitrate. It is...

ARCHIVED : This Practice Note has been archived and is not maintained. This year’s Arbitration annual round-up for England & Wales surveys the most notable judgments from 2017 and signals what lies ahead in 2018. It features leading rulings from the Supreme Court, Court of Appeal and High Court across our enforcement, challenges and appeals, tribunal, and jurisdiction themes. You will also find updates to Lexis Nexis® content, with news of major developments over the past year and what is planned for the next twelve months. Reviewing 2017 Enforcement of arbitral awards What happened? Through 2017, questions of recognising and enforcing arbitral awards were largely shaped by two decisions of the UK Supreme Court. The more consequential of the pair was arguably IPCO v NNPC [2017] UKSC 16, where Lord Mance, with the other justices concurring, determined that the court had no power to make an award...

This Practice Note offers an overview of arbitration as a dispute resolution mechanism for conflicts in the energy industry. It should be read alongside the following Practice Notes: Starting a claim in an energy dispute—a practical guide Oil and gas projects—contracts and disputes Oil and gas disputes—international dispute resolution framework and institutions Energy sector disputes Energy ventures—across fossil fuels, nuclear, and renewable sources such as hydro, wind, geothermal, solar, and tidal—are marked by large-scale, capital-intensive and intricate arrangements. Deals and investments are typically long-term and often involve parties from multiple jurisdictions and varied cultural backgrounds. A broad spectrum of disputes is common in the sector. Conflicts may arise between project partners (including state entities), with financiers, with supply chain contractors, or other third parties. The subject matter can be wide-ranging—for instance, joint venture fallouts, expropriation, environmental matters, financing, pricing reviews, and...

This Practice Note examines when arbitration proceedings are treated as having commenced, with particular reference to the Arbitration Act 1996 ( AA 1996) as it applies in England, Wales and Northern Ireland. It also outlines how commencement dates are identified under several of the main arbitration rules for both ad hoc and institutional arbitrations. Importance of the start or commencement date in arbitration proceedings Parties need certainty on the commencement date because: it acts as the starting point for calculating subsequent time limits, e.g. for serving written submissions or where an award must be made within a specified period it determines whether any contractual or statutory time bar or limitation period has been met For guidance on limitation periods in arbitration, see Practice Notes: Limitation periods in arbitration ( England and Wales) and Foreign Limitation Periods Act 1984, and for information on limitation under English law...

This Practice Note closely examines the place of state immunity in connection with arbitration proceedings in Egypt. For an introductory guide to state immunity and arbitration, see the Practice Note: State immunity and arbitration—general considerations. In addition, for further Practice Notes covering state immunity across a range of jurisdictions around the world (including England and Wales), see: State immunity and arbitration—overview. Law No 27 of 1994 on arbitration in civil and commercial matters International arbitration in Egypt is regulated by Law No 27 of 1994 on Arbitration in Civil and Commercial Matters (the ‘ Arbitration Law’). Modelled on the UNCITRAL Model Law and the principles underpinning it and on which it is based, it became effective on 22 May 1994. It revoked Articles 501–513 of the Civil Procedures Law, which had previously regulated arbitration cases, and now the provisions of Civil Procedures Law No 13 of 1968 and...

ARCHIVED: This Practice Note sets out the arbitration carve-out under Brussels I and reviews the corresponding rules in Brussels I (recast). It further considers whether courts may assume jurisdiction over disputes governed by an arbitration agreement and the use of anti-suit injunctions. Note: from 10 January 2015 Brussels I was repealed in full and replaced by Brussels I (recast). Transitional measures nevertheless apply. For guidance on those measures, and whether Brussels I provisions remain relevant to your matter, see Practice Note: E& W Brussels I (recast)—application and exclusions. Introduction Courts lack jurisdiction to determine disputes where an arbitration agreement applies. Such agreements are private arrangements by which the parties waive the right to have any dispute between them heard by national courts. Instead, they opt for determination by a tribunal, typically selected by the parties for its expertise in a particular field. It should also be...

Section 23 of the 1996 Act This Practice Note presents section 23 of the Arbitration Act 1996 alongside the new section 23A brought in by the Arbitration Act 2025. It also includes links to commentary that help clarify the amendments. The Arbitration Act 2025 obtained Royal Assent on 25 February 2025. For the in-force date, see Practice Note: Arbitration Act 2025 commencement and transitional provisions. Section 23 of the 1996 Act provides as follows below: 23 Revocation of arbitrator’s authority (1) The parties may determine, by agreement, the situations in which an arbitrator’s mandate can be withdrawn. (2) Where, or to the extent that, no such agreement exists, the default provisions apply......

Section 17 Commencement and transitional provisions The Arbitration Act 2025 (the AA 2025) is not a self‑contained, standalone piece of legislation; rather, it updates the already existing Arbitration Act 1996. Section 17(2) explains that the operative provisions of the AA 2025 ( Sections 1—15) come into force on such a day as the Secretary of State may appoint by regulations. Section 17(2) further provides: ‘ The Secretary of State may by regulations make transitional......

This Practice Note explores what is meant by the law governing an arbitration agreement and the manner in which that law is identified under the law of England and Wales (using England and English as convenient shorthand in this context). It further addresses the newly passed Arbitration Act 2025 and the changes it has introduced to the English law rules that govern deciding which law applies to arbitration agreements. The law of the arbitration agreement Under the Arbitration Act 1996 ( AA 1996), an arbitration agreement—where the seat is in England and Wales or Northern Ireland—is an agreement to refer existing or future disputes, contractual or otherwise, to arbitration ( AA 1996, s 6). Most often, this is set out as a clause in the principal contract, though it may equally be recorded in a separate agreement, either when the contract is made or once a...

This Practice Note reviews the general process for bringing arbitration claims before the courts of England and Wales under the Arbitration Act 1996 ( AA 1996) (in this Practice Note, English and England are adopted as convenient shorthand). Any further considerations specific to particular types of arbitration claim will be addressed in the Practice Notes or other materials that concentrate on those applications. What is an arbitration claim? For those contemplating an application to the court under AA 1996 for the first time, the phrases ‘starting an arbitration claim’ and using an ‘arbitration claim form’ can cause uncertainty, as they may imply the initiation of the substantive arbitration. In practice, arbitration is generally commenced by notices of arbitration (in ad hoc arbitration) or by requests/demands/notices for arbitration (in institutional arbitration), rather than by a claim form of the kind used to start...