Legal Precedents

IN THE MATTER OF AN ARBITRATION Parties WEIPA RESOURCES LIMITED — Claimant SELANGOR RESOURCES SDN BHD — Respondent APPLICATION FOR SECURITY FOR COSTS Orders sought This is the Respondent’s application seeking the following directions: That the Claimant furnish security for the Respondent’s costs of these arbitration proceedings in the amount of [ insert amount ]; That the Claimant supply such security to the Respondent by way of [ insert details of the form in which security is sought, eg banker’s draft/bank guarantee/solicitor’s undertaking ]; That these arbitration proceedings, together with all procedural and administrative deadlines therein, be stayed until the security has been provided; and That, should the Respondent fail to provide the security in accordance with subparagraph (1.2) above by [ insert date ], then [ set out consequences ]. The principal bases advanced for this application are: The Claimant possesses insufficient assets to satisfy any award of costs made against it; and The...

Following duly received submissions from representatives of the [ Claimant OR Claimants ] and the [ Respondent OR Respondents ] (the Parties) at the preliminary meeting on [ date ], the Tribunal directs as follows: 1 Applicable arbitration rules 1.1 The arbitration will be conducted under [ insert applicable arbitration rules ] as in effect on [ insert date ]. 1.2 The Parties and the Tribunal may consult the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules) for guidance; they are not binding, and the Tribunal retains discretion at all times over the procedural management of the arbitration. 1.3 [ [ Where appropriate, include a statement on the law governing the substantive dispute and/or the arbitration ]. ] 2 Seat and language of the arbitration 2.1 The juridical seat of the arbitration is [ insert place ]....

Claimant [ insert number of witness statement ] witness statement of [ Insert witness name ] Exhibits: [ Insert exhibit reference ] Date on which the statement was made: [ Insert date ] [ Date of translation: [ insert date ] ] In the High Court of Justice Business and Property Courts of England and Wales Commercial Court ( KBD) Claim No [ Claim number ] Between: JFK Ltd Claimant / Respondent- and - LHR Ltd Defendant / Claimant Witness statement of John Smith I, John Smith, of LN LLP, 1 Lexis House, London, EC2X 1XX, state as follows: I practise as a solicitor and am a partner at the law firm LN LLP, 1 Lexis House, London EC2X 1XX. I oversee the day-to-day management of this matter on the Claimant’s behalf, and I am duly authorised to make this statement for the...

CLAIM NO: [ insert claim number ] IN THE HIGH COURT OF JUSTICE [ Business and Property Courts of England and Wales, Commercial Court ( QBD) OR the High Court of Justice, Business and Property Courts in [ insert location ] ] [ specify division ] [ specify specialist court ] BEFORE [ insert judge’s name ] IN AN ARBITRATION CLAIM DATE: [ insert date ] Between -and- AND IN THE MATTER OF AN ARBITRATION Between -and- Draft ORDER UPON THE CLAIMANT’ S WITHOUT NOTICE APPLICATION dated [ insert date ]......

ICC International Court of Arbitration33-43 avenue du Président Wilson75116 Paris France FAO: [ [ Insert name of contact at the ICC or the Secretariat of the ICC ] ] [ Insert date ] Dear [ ICC Court ], ICC Arbitration No: [ reference ] [ Claimant ] v. [ Respondent ] – request for the appointment of the [ sole arbitrator OR president of the tribunal ] The Parties have not been able to agree upon the individual to serve as [ the sole arbitrator OR the president of the arbitral tribunal ] in the proceedings referenced above. Relying on [ article 12(3) of the ICC Arbitration Rules OR article 12(5) of the ICC Arbitration Rules ], the Claimant respectfully asks the ICC Court to designate the [ sole arbitrator OR president ]. Yours faithfully, [ Claimant's counsel ] cc [ Respondent's Counsel ][ Address ]......

I, [ insert name ], consent to act as Tribunal Secretary to the Arbitral Tribunal [ insert details ] in the arbitration matter [ insert case name ] from [ insert date ] to [ insert date ]. I undertake to comply with the [ X Arbitration Rules, Practice Note, Terms of Appointment of the Arbitral Tribunal, etc ]. Through this statement, I confirm that I have acquainted myself with the principles, standards and requirements set out in those instruments. I will carry out organisational and administrative duties including: arranging and keeping the Arbitral Tribunal’s file, and retrieving documents; co-ordinating hearings and meetings, and communicating with the Parties in that regard; preparing correspondence to the Parties and dispatching it on behalf of......

I, [ name of prospective Tribunal Secretary ], hereby agree to serve as Tribunal Secretary to the Arbitral Tribunal [ name of Arbitral Tribunal ] in the arbitration case [ name of arbitration case ] between [ name of party ] and [ name of party ] I undertake to comply with the [ X Arbitration Rules, Practice Note, Terms of Appointment of the Arbitral Tribunal, etc ]. By this confirmation, I state that I have acquainted myself with the principles, standards and requirements contained in the above instruments. I shall carry out organisational and administrative responsibilities, including: curating and keeping the Arbitral Tribunal’s file and retrieving documents; arranging hearings and meetings and liaising with the Parties in that regard; preparing correspondence to......

PROCEDURAL ORDER NO. [ insert number ] Having reviewed the parties’ submissions, the Tribunal directs as follows: Hearing by video-conference The [ insert hearing description ] (the Hearing) will be held by video-conference, using [ insert name of video-conferencing platform ] as the video-conferencing platform (the Platform). The Tribunal is satisfied that this arrangement affords the parties a fair and reasonable opportunity to be heard. [ Prior directions concerning the Hearing ] [ This Procedural Order replaces [ insert references to any prior directions to the extent inconsistent with this Procedural Order or no longer applicable ]. ] [ [ Insert references to any...

To: Singapore International Arbitration Centre28 Maxwell Road, 03–01 Maxwell Chambers Suites BY [ SPECIFY MODE OF DELIVERY ] Singapore 069115 Attn: The Registrar With copy, including all attachments, to: [ Insert name and address of all Respondents ] BY [ SPECIFY MODE OF DELIVERY ] Dear [ Registrar of SIAC ], We enclose a Notice of Arbitration, now lodged with the Singapore International Arbitration Centre ( SIAC) in accordance with rule 3 of the SIAC Rules of Arbitration, 6th Edition, 2016 ( SIAC Rules). A copy is being served on the Respondent(s) by the service method(s) indicated above. The service date is [ insert anticipated date of delivery ]. [ Pursuant to rule 3.1(k) of the SIAC Rules, we attach a local cheque for [ insert amount ], payable to the Singapore International Arbitration Centre, covering the required filing fee. OR Pursuant to rule 3.1(k) of the SIAC Rules, the sum of [...

This document serves as a precedent notice of arbitration under the Arbitration Rules of the Singapore International Arbitration Centre (6th edition) 2016 (2016 SIAC Rules). The 2016 SIAC Rules govern arbitrations commenced on or after 1 August 2016, unless the parties have agreed otherwise... In the matter of an arbitration administered by the Singapore International Arbitration Centre Parties [ insert name of Claimant ] — Claimant(s) [ insert name(s) of Respondent ] — Respondent(s) This Notice of Arbitration (the Notice) is lodged and filed in accordance with rule 3 of the Arbitration Rules of the Singapore International Arbitration Centre (6th Edition, 1 August 2016) ( SIAC Rules)... Demand By this Notice, the Claimant requests that the dispute(s) with the Respondent(s) as outlined below be submitted to arbitration......

SIAC ARBITRATION NO.[ ] OF 201[ ] IN THE MATTER OF AN ARBITRATION BETWEEN: Parties WEIPA RESOURCES LIMITED – Claimant SELANGOR RESOURCES SDN BHD – Respondent This document constitutes the Respondent’s Defence, served in answer to the Claimant’s Statement of Claim ( SOC) lodged on [ insert date ]. Unless otherwise defined, the abbreviations appearing in the Claimant’s SOC are adopted herein. The contents of paragraphs 1 and 2 of the SOC are admitted. Save that the parties executed a written agreement (the Contract) on or about 15 August 2014, and that the governing law of the Contract is the law of [ insert governing law ], paragraph 3 of the SOC is not admitted. Paragraph 4 of the SOC is admitted. Paragraph 5 of the SOC is not admitted. Paragraph 6 of the SOC is...

SIAC ARBITRATION NO.[ ] OF 201[ ] IN THE MATTER OF AN ARBITRATION BETWEEN: Parties WEIPA RESOURCES LIMITED Claimant SELANGOR RESOURCES SDN BHD Respondent The Claimant, Weipa Resources Limited ( Claimant), is a company incorporated in the British Virgin Islands, with its registered address at P. O. Box 1234, Charlotte Street, Tortola, British Virgin Islands. The Respondent, Selangor Resources Sdn Bhd ( Respondent), is a company incorporated in Malaysia, with its registered address at 20-02, 500 Federal Plaza, Petaling Jaya, Selangor. By a written agreement made on or about 15 August 2014 between the Respondent and the Claimant (the Contract), the Claimant agreed to buy and the Respondent agreed to sell 20,000 metric tonnes (plus or minus 5% at the Claimant’s option) of low sulphur delayed coking petroleum sponge coke (the Product). The governing law of the Contract is the law of [...

Private and Confidential [ COMPANY NAME ] Arbitration with [ NAME ] [ CASE REFERENCE ] Project Management Plan SECTION A— INTRODUCTION 1 Purpose 1.1 This Project Management Plan (the Plan) seeks to present a summary of the arbitration between [ name ] ( Claimant) and [ name ] ( Respondent). 1.2 The principal aims of the Plan are to: 1.2.1 [ Enter text ] 1.2.2 [ Enter text ] 1.2.3 [ Enter text ] 1.3 The Plan will be subject to ongoing review and will be updated at key milestones in the arbitration. The record of changes to the Plan is set out below: No. Revision Date 1. Original version 2. 3......

Filed on behalf of the Claimant Statement of evidence by [ insert initial and surname of witness ] Statement sequence number: [ insert number of witness statement in relation to the witness ] Exhibits as referenced: [ insert initials and number of each exhibit referred to ] Date the statement was made: [ insert date ] Claim reference number: [ insert claim number ] Before the High Court of Justice, Business and Property Courts of England and Wales, Commercial Court ( KBD) OR......

Lodged on behalf of the Defendant Witness statement of [ insert initial and surname of witness ] Number of witness statement: [ insert number of witness statement in relation to the witness ] Exhibit details: [ insert initials and number of each exhibit referred to ] Date on which statement was made: [ insert date ] [ Date of translation: [ insert date ] ] CLAIM NO: [ insert claim number ] IN THE HIGH COURT OF JUSTICE, Business and Property Courts of England and Wales, Commercial Court ( KBD) OR In the High Court of Justice, Business and Property Courts in [ insert location ] [ specify division ] [ specify specialist court ] BEFORE [ insert judge’s name ] AND IN AN ARBITRATION CLAIM Between 1 [ insert Claimant’s name ] Claimant -and- 2 [ insert Defendant’s name ] Defendant AND IN THE MATTER OF AN...

ARCHIVED : This Precedent has been archived and is not maintained . SIAC ARBITRATION NO. 232 OF 2013 IN THE MATTER OF AN ARBITRATION BETWEEN: Parties WEIPA RESOURCES LIMITED — Claimant SELANGOR RESOURCES SDN BHD — Respondent This document comprises the Respondent’s Defence in answer to the Claimant’s Statement of Claim (‘ SOC’) lodged on [ insert date ]. Unless expressly defined differently, the abbreviations in the Claimant’s SOC are used here. Paragraphs 1 and 2 of the SOC are admitted. Save that the parties executed a written agreement (the ‘ Contract’) on or about 15 August 2014, and that Aleutia law governs the Contract, paragraph 3 of the SOC is otherwise not admitted. Paragraph 4 of the SOC is admitted. Paragraph 5 of the SOC is not admitted. Paragraph 6 of the SOC is denied, and the...

ARCHIVED : This Precedent has been archived and is not maintained . SIAC ARBITRATION NO. [ ] OF 2015 IN THE MATTER OF AN ARBITRATION BETWEEN Parties WEIPA RESOURCES LIMITED — Claimant SELANGOR RESOURCES SDN BHD — Respondent 1 The Claimant, Weipa Resources Limited ( Claimant), is a company incorporated in the British Virgin Islands, with its registered office at P. O. Box 1234, Charlotte Street, Tortola, British Virgin Islands. 2 The Respondent, Selangor Resources Sdn Bhd ( Respondent), is a company incorporated in Malaysia, with its registered address at 20-02, 500 Federal Plaza, Petaling Jaya, Selangor. 3 Pursuant to a written agreement made on or about 15 August 2014 between the Respondent and the Claimant (the ‘ Contract’), the Claimant agreed to purchase, and the Respondent agreed to sell, 20,000 metric tonnes (plus or minus 5% at the Claimant’s option) of low sulphur delayed coking...

[ Submitted on behalf of the ] Claimant [ Insert the witness’s initials and surname together with the witness statement number ] [ insert the initials and the reference number for each exhibit cited ] [ insert date ] [ Date of translation: [ insert date ] ] Claim No.: [ insert claim number ] In the High Court of Justice Business and Property Courts of England and Wales Commercial Court ( KBD) OR Claim No.: [ Insert details ] In the High Court of Justice Business and Property Courts in [ insert location ] [ specify division ] [ specify specialist court ] in an Arbitration claim And in the matter of an Arbitration Between [ insert Claimant’s name ] Claimant and [ insert Respondent’s name ] Respondent WITNESS STATEMENT OF [ insert witness’s name ] I, [ insert witness’s name ], of [ insert...

The N8 Claim Form (arbitration) The N8 Claim Form (arbitration) is needed for an application seeking permission to enforce an arbitral award as if it were a judgment or order (and for judgment to be entered in the terms of the award) under section 66 of the Arbitration Act 1996. See Precedents: Enforcement of an award pursuant to AA 1996, s 66—example witness statement and Enforcement of an award pursuant to AA 1996, s 66—draft order, together with the Drafting Notes, and the Practice Note: Enforcing arbitral awards in England and Wales. This Precedent should be used alongside the following Precedents: Enforcement of an award pursuant to AA 1996, s 66—example witness statement Enforcement of an award pursuant to AA 1996, s 66—draft order and Practice Notes: Enforcing arbitral awards in England and Wales AA 1996—starting arbitration claims in court ...

Existing disputes If a dispute has already arisen but there is no arbitration agreement between the parties, or the parties intend to amend an existing dispute resolution clause so as to adopt LCIA arbitration, the following wording is recommended for use: ‘ Following the emergence of a dispute between the parties concerning [ insert a brief description of the dispute, including, if appropriate, an identification of the contract(s) ], the parties agree that such dispute shall be referred to, and finally and conclusively determined by, arbitration under the LCIA Rules. The tribunal shall comprise [ [ a sole arbitrator OR three arbitrators ] ]. The seat (legal place) of the arbitration shall be [ insert city and/or country ]. The language of the arbitral proceedings shall be [ specify language ]. The governing law of the contract [ is/shall be ] the...