Legal Precedents

This Agreement is subject to, and interpreted under, the laws of the People’s Republic of China ( PRC). Any dispute, controversy, or claim arising from or connected with this Agreement, including any issue concerning its existence, validity, or termination, shall be referred to the China International Economic and Trade Arbitration Commission ( CIETAC) for arbitration, which shall proceed in accordance with the CIETAC arbitration rules in force at the time the arbitration application is made. [ The seat and venue of the arbitration shall be in [ Hong Kong/ Singapore/ Beijing/ Shanghai/ Shenzhen]. For each arbitration, the tribunal shall comprise three arbitrators......

ARCHIVED : This Precedent is archived and is no longer maintained...

ARCHIVED : This Precedent has been archived and is not maintained . Note: This Precedent is intended for use in relation to arbitration proceedings governed by the Arbitration Rules of the Singapore International Arbitration Centre 2013 ( Fifth edition) (2013 SIAC Rules). The 2013 SIAC Rules apply to arbitrations commenced on or after 1 April 2013, save where the parties have agreed otherwise. In the matter of an arbitration administered by the Singapore International Arbitration Centre Parties 1 [ insert name of Claimant ] Claimant(s) And 2 [ insert name(s) of Respondent ] Respondent(s) This Notice of Arbitration ( Notice) is made and lodged pursuant to Rule 3 of the Arbitration Rules of the Singapore International Arbitration Centre ( Fifth Edition, 1 April 2013) ( SIAC Rules). Demand: By means of this Notice, the Claimant requires that its...

ARCHIVED This Precedent is no longer active and currently receives no ongoing updates. CORONAVIRUS ( COVID-19) Many arbitral organisations have reacted to the coronavirus pandemic by issuing practical guidance and/or altering their usual procedures and working practices. For details on how this material and associated arbitration proceedings might be affected, consult Practice Note: Arbitral organisations and coronavirus ( COVID-19)—practical impact [ Archived] [ Archived]. For further information, see: Coronavirus ( COVID-19) and arbitration—overview......

ARCHIVED : This Precedent has been archived and is no longer maintained. CORONAVIRUS ( COVID-19) : Numerous arbitral organisations have addressed the coronavirus pandemic by issuing practical guidance and/or adapting their standard procedures and working practices. For details and updates on how this content and related arbitration proceedings could be affected, see Practice Note: Arbitral organisations and coronavirus ( COVID-19)—practical impact [ Archived] [ Archived]. For further information, see: Coronavirus ( COVID-19) and arbitration—overview......

Introduction and instructions Brief outline of the expert’s background and experience. Instructions Who instructed: lay client or legal advisers. Where instructed by legal advisers, identify the ultimate client. Detailed directions sufficient for the tribunal to grasp the scope. Documents relied upon: list or summarised categories. Circulation limits and reliance permissions. Disclosures of interest, including links to parties or tribunal. Any scope limitations (if applicable). Executive summary Concise overview of principal conclusions. Background to the case Outline the history and context of the matter. Main body of the report Set out the detailed analysis, methodology, and evidence. Conclusion OR Summary Summarise the expert’s opinions and key reasoning. Expert's declaration Insert the required statements and...

Dear [ insert organisation name ]. Notice of Arbitration : [ name of contract/vessel/project and date ] We represent and act for [ name of client ] A Notice of Arbitration given pursuant to section 14 of the Arbitration Act 1996 ( AA 1996), brought by [ name of claimant ] against [ name of respondent ]......

Section 14 of the Arbitration Act 1996 ( AA 1996) Under section 14 AA 1996, the parties may themselves decide the point at which an arbitration begins; failing any such agreement, the statute prescribes when the arbitration is treated as having started under the statutory framework in place. Where a party is approaching expiry of the limitation period for starting arbitration, precision over the moment of commencement is critical. In addition, certainty on this question matters because a range of other key dates, including the schedule for appointing the tribunal, flow from the date on which proceedings are taken to have commenced. For further guidance on limitation periods, see Practice Notes: Commencement date of an arbitration under the AA 1996 and arbitration rules, Limitation periods in arbitration ( England & Wales) and Foreign Limitation Periods Act 1984......

For the sample case study arbitration claim form, see the link to the right. The arbitration claim form must set out: sufficient and clear detail of the dispute for the court to comprehend the application, including the contract giving rise to the arbitration agreement and any arrangement for appointment of the tribunal the specific orders the court is being asked to make......

The Secretariat of the International Court of Arbitration International Chamber of Commerce [ Address of an approved ICC office and by email to the relevant address for the office ] [ Date ] Dear [ ICC Secretariat ], [ Insert ICC Reference number ] Answer to Request for Arbitration : [ Party names ] [ Law firm case reference number ] We confirm we represent [ name of respondent party ], the Respondent in the above arbitration proceedings. The Respondent acknowledges receipt, on [ Insert ], of your letter dated [ Insert date ], together with its enclosures, including the request for arbitration (the Request). In accordance with Article 5 of the 2021 ICC Rules of Arbitration (the ICC Rules), please find enclosed the Respondent’s answer to the request for arbitration and its counterclaim (the Answer). [ The Respondent requests, pursuant to art 5(3) of the ICC Rules, that the...

By email to casework@lcia.org London Court of International Arbitration 1 Paternoster Lane London EC4M 7BQ United Kingdom Dear [ Registrar of the LCIA Court ], [ LCIA Reference number ] We act on behalf of [ name of respondent party ]......

ARCHIVED : This Precedent is archived and no longer actively maintained. It is intended for use in relation to arbitrations conducted under the Arbitration Rules of the Singapore International Arbitration Centre 2013 (5th edition) (2013 SIAC Rules). These 2013 SIAC Rules govern any arbitration begun on or after 1 April 2013, unless the parties have agreed a different position......

Between : [ Insert name of CLAIMANT ] Claimant - and - [ Insert name of RESPONDENT ] Respondent Claimant’s proposed agenda and submissions for preliminary meeting to be held on [ insert date ] 1 Before this preliminary hearing, the parties have endeavoured, through correspondence, to reach agreement on diverse procedural issues. [ Refer to any key correspondence copied to the tribunal on these matters......

The Secretariat of the International Court of Arbitration International Chamber of Commerce [ Address of an approved ICC office and by email to the relevant address for the office ] [ Date ] Dear [ ICC Secretariat ], Request for Arbitration : [ Party names ] [ Law firm case reference number ] Please find herewith enclosed our Request for Arbitration submitted pursuant to the 2021 ICC Rules of Arbitration ( ICC Rules) [ with accompanying documents ], on behalf of [ name of claimant party or parties ] whom we represent and advise. We additionally enclose [ the filing fee of US$ [ X, XXX]. OR A filing fee of US$ [ X, XXX] has been made by wire transfer with reference [ insert reference ]. ]. [ The Claimant requests, in accordance with article 4(4)(b) of the ICC Rules, that the Secretariat transmits the Request by...

[ Name and address ] [ Email address ] [ Date ] Dear [ Name ] Arbitration between [ Claimant ] and [ Respondent ] [ Law firm reference ] We act for [ name of party ]. On [ date ], [ name of party ] initiated arbitration against [ name of party ] pursuant to an arbitration agreement concluded on [ date ] in [ name of contract ]......

By e-mail to casework@lcia.org LCIA Registrar London Court of International Arbitration1 Paternoster Lane London EC4M 7BQUnited Kingdom [ Date ] Dear [ Registrar of the LCIA Court ], Request for Arbitration: [ Party names ] [ Law firm case reference number ] We submit this as a Request for Arbitration under Article 1 of the LCIA Arbitration Rules on behalf of [ name of claimant party ] for whom we act......

Claimant [ insert number of witness statement ] witness statement of [ Insert witness name ] Exhibits: [ Insert exhibit reference ] Date the statement was made: [ Insert date ] [ Translation date: [ insert date ] ] IN THE HIGH COURT BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES QUEEN’ S BENCH DIVISION COMMERCIAL COURT CLAIM NO [ Claim number ] BETWEEN: 1 JFK Ltd Claimant/ Respondent and 2 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 am a solicitor and a partner at the law firm LN LLP of 1 Lexis House, London EC2X 1XX. I manage the day-to-day conduct of this matter on behalf of the Claimant. I am duly authorised to provide this statement for the Claimant......

To access the sample case study arbitration claim form, follow the link located on the right hand side. The key issues when drafting a section 72 of the Arbitration Act 1996 ( AA 1996) application using an arbitration claim form include the following: Ensure the correct court document is used—the application must be filed on Form N8 Claim Form (arbitration) Complete the claimant/defendant boxes—the claim form must set out clearly who is the claimant and who is the defendant in these court proceedings, and identify which party is the claimant and which is the respondent in the underlying arbitration......

Covering letter [ Headed paper ] To: [ Insert arbitrator’s name and address ] Dear [ Insert name ], [ Insert case name and reference ] We represent [ the Claimant OR the Respondent ] in the above arbitration. This correspondence is issued on behalf of both parties and has been approved by [ the Claimant OR the Respondent ]......

In the matter of the arbitration act 1996 And In the matter of an arbitration Between: [ Name of Claimant ] Claimant –and– [ Name of Respondent/ Applicant ] Respondent/ Applicant 1 This application is brought by the Respondent pursuant to section 30 of the Arbitration Act 1996 ( AA 1996). The Respondent within the arbitration now applies for a determination from the tribunal that it lacks substantive jurisdiction to hear or decide the dispute which is the subject of the arbitral proceedings commenced by the Claimant because [ insert reasons for lack of jurisdiction, eg that the dispute is outside the scope of the parties’ agreement to arbitrate ]. 2 References to page numbers in this application are to the pages in the paginated bundle supplied with this application......