Legal Precedents

In the matter of the arbitration act 1996 And In the matter of an arbitration Between : 1 LHR LTD Claimant - and - 2 JFK LTD Respondent 1 We have been retained to represent LHR Ltd in this case. 2 As you know, a disagreement has emerged between our clients concerning the fulfilment of various obligations under the licensing and marketing agreement concluded between our clients and dated 10 October 20XX (the Contract). We enclose a copy of the Contract for your ease of reference......

In the matter of the arbitration act 1996 And In the matter of an arbitration Between : 1 LHR LTD Claimant - and - 2 JFK LTD Respondent 1 We are retained to represent LHR Ltd in this case herein. 2 You will be aware that a dispute has emerged between our clients about compliance with certain duties under the licensing and marketing agreement concluded between our clients and dated 10 October 20XX (the Contract)......

In the High Court of Justice Business and Property Courts of England and Wales Commercial Court ( QBD) Claim No [ Claim number ] Between:1 JFK Ltd — Claimant/ Respondent- and -2 LHR Ltd — Defendant/ Claimant [ Draft] Order Upon hearing counsel for the Claimant and the Defendant [ It is ordered that By virtue of section 17(3) of the Arbitration Act 1996, the appointment of Mr Jones as the sole arbitrator is set aside. The Defendant shall be responsible for the costs of this application. OR It is declared that Under clause 15 of the licensing and marketing agreement between the parties dated 10 October 2012, Mr Jones has no authority to act as sole arbitrator of the dispute, and his appointment is forthwith set aside. It is ORDERED that The Defendant shall be responsible for the costs of this...

IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMMERCIAL COURT ( KBD) Claim No Claimant: JFK Ltd (ref: 1234) Defendant: LHR Ltd Select and complete sections A– D where relevant. In every instance, you must finalise sections E and F. Section A [ X ] I do not plan to oppose this claim Section B [ X ] I plan to dispute this claim Provide brief particulars of any alternative remedy you are seeking......

This Confidentiality Agreement is dated [ date ] Parties [ Name of entity ], a [ type of entity ] incorporated under the laws of [ jurisdiction ], having its registered address at [ address ] and company number [ company number ] ( Party 1); and [ Name of entity ], a [ type of entity ] incorporated under the laws of [ jurisdiction ], having its registered address at [ address ] and company number [ company number ] ( Party 2), each a Party and, collectively, the Parties. Whereas: On [ date ], Party 1 initiated arbitration proceedings against Party 2 (the Arbitration). On [ date ], the tribunal, comprising [ arbitrators ], was constituted (the Tribunal). [ Provide further background information available to give context to this agreement, including a brief description of the...

Refer to the link on the right for a sample case-study claim form...

This settlement Agreement is made on [ date ] Parties [ Name of entity ], a [ type of entity ] with [ type of liability ] formed under the laws of [ jurisdiction ] with its registered address at [ address ] and with company number [ company number ] ( Party 1 ); and [ Name of entity ], a [ type of entity ] with [ type of liability ] formed under the laws of [ jurisdiction ] with its registered address at [ address ] and with company number [ company number ] ( Party 2 ), each a ‘ Party ’ and together the ‘ Parties ’. Recitals: A dispute has arisen between the Parties [ add relevant detail to give context to the dispute ] (the Dispute ). On [ date ], Party 1...

[ Insert date ] [ Insert names and addresses of members of the Tribunal ] cc: [ Insert names and addresses of other parties to the arbitration ] Dear [ Members of the Tribunal or name(s) of the arbitrator(s) ], [ Insert title of arbitration including any reference number ] We write with regard to the award [ insert details, including number (if applicable), and date of award ] (the Award)......

Claimant’s description of documentation requested 1. All communications and correspondence exchanged from 1 January 2015 to 30 December 2020 between the respondent and each of its suppliers, relating to extensions of time for deliveries. Claimant’s position on relevance and materiality The claimant contends that the respondent routinely granted its suppliers additional time for delivery and seized upon the claimant’s single instance of late delivery as a pretext to terminate the Agreement for purely financial motives. These communications, which the respondent ought properly to have retained, would confirm and evidence this. Respondent’s response to the claimant’s requests and reasons The respondent objects to the request on the basis that it seeks an overly broad category of documents, the identification and production of which would be burdensome. It is not a narrow and specific set as required by Article 3(a)(ii) of the IBA Rules. Furthermore, whether other suppliers were...

[ Insert the arbitrator’s name, address and any reference he/she has requested be used ] [ By email and by post ] [ Insert date ] Dear [ insert name of arbitrator ] [ Insert name of arbitration ] Further to our telephone discussion [ earlier today or as appropriate ], when you agreed to take up appointment in this arbitration, we confirm the particulars of that appointment. You are appointed as arbitrator for and on behalf of [ insert name of your client ], in the proposed arbitration with [ insert name of the opposing party ], concerning any and all disputes arising under the parties’ contract dated [ insert date ] (the Contract). The arbitration clause within the Contract states [ insert details ] (the Arbitration Agreement). We are serving notice of your appointment directly on [ insert name of either the opposing party or...

Witness statement for the Claimant [ [enter number of witness statement, e.g. First] ] by [ Add witness name ] Exhibits: [ Add exhibit reference ] Date the statement was made: [ Add date ] [ Date of translation: [ add date ] ] Claim No: [ Add details ] In the High Court of Justice, Business and Property Courts of England and Wales, Commercial Court ( KBD) OR Claim No: [ Add details ] In the High Court of Justice, Business and Property Courts in [ add location ] [ state division ] [ state specialist court ] In the matter of an arbitration And in an arbitration claim Between: [ Claimant’s name ] — Claimant [ Defendant’s name ] — Defendant Witness statement of [ add witness name ] I, [ add witness name ] of [ add witness address ], STATE as...

Arbitration [ Dated ] [ Counsel for Respondent ] [ Address ] Dear [ insert organisation name ] [ Arbitral Institution ] [ Number ]: [ Claimant ] versus......

[ Date ] [ Respondent's Counsel ] [ Address ] Dear [ insert organisation name ] [ Arbitral Institution ] Arbitration [ Arbitration No. ]: [ Claimant ] v. [ Respondent ]—appointment of the sole arbitrator In accordance with clause [ insert clause ] of the [ arbitration agreement ], we hereby write concerning the appointment of the sole arbitrator. To ensure this process is handled promptly and even-handedly, we suggest the most efficient way forward would be for the parties to reach a joint agreement on a suitable candidate......

[ Enter date ] [ Enter names and addresses for members of the tribunal ] cc: [ enter names and addresses of other parties to the arbitration ] Dear [ Members of the Tribunal or name(s) of the arbitrator(s) ], [ Enter the arbitration title including any reference number ] We write in relation......

[ Insert date ] [ Insert names and addresses of members of the Tribunal ] cc: [ Insert names and addresses of other parties to the arbitration ] Dear [ Members of the Tribunal or name(s) of the arbitrator(s) ], [ Insert title of arbitration including any reference number ] We write concerning the award [ insert details, including number (if applicable), and date of award ] (the Award). This is an application for a supplementary award under section 57(3)(b) of the Arbitration Act 1996. We respectfully contend that the Tribunal did not address [ identify claim(s) omitted ] in the Award. The [ identify issue ] was presented to the Tribunal in the following ways: [ Include references to pleadings, skeleton arguments and oral evidence in the arbitration including agreed transcripts if available ] We ask the Tribunal to issue an additional award addressing the [ issue ], and...

PRIVATE & CONFIDENTIAL [ insert name and address of expert ] [ insert date ] Dear [ insert name of expert ] [ insert case heading ] Instruction to act as expert witness in arbitration between [ insert name of parties and any case number/reference ] We represent [ insert name of instructing party (or parties) ] who [ is OR are ] involved in arbitration proceedings with [ insert name of opposing party or parties ] relating to [ insert brief description of dispute ] (the Arbitration). Thank you for your agreement to act as an expert witness for [ insert name of instructing party ]. This letter sets out the basis on which [ insert name of instructing party ] is instructing you to act as an expert witness in the Arbitration. The Arbitration arises out of a contract between [ insert instructing party name ] and [...

Precedent claim form This Precedent claim form, together with Drafting Notes, is intended for applications seeking an anti-suit injunction to halt or bring to an end court proceedings while arbitration is determined. The application is brought pursuant to section 44 of the Arbitration Act 1996 ( AA 1996) or section 37 of the Senior Courts Act 1981 ( SCA 1981). Its format follows CPR PD 62. Refer to the accompanying Drafting Notes......

Draft order The arbitration agreement in the [ insert contract details ] (the “ Agreement”) is valid and enforceable. Relying on [ section 37 Senior Courts Act 1981 ] [ and/or section 44(2)(e) Arbitration Act 1996 ], until further order the Defendant must not commence or take any step against the Claimant in [ threatened jurisdiction ] if proceedings are not yet begun; take any further step in [ relevant proceedings ] save to dismiss, withdraw or discontinue; seek any anti-suit injunction or similar restraining the Claimant from enforcing the arbitration agreement; or pursue disputes under the Agreement other than by arbitration. [ Provisions for service out, if required; and, if without notice, provide a return date ] The Defendant shall pay the Claimant’s costs. Dated [ insert day ] [ insert month ] [ insert year...

[ Date ] [ Respondent’s Counsel ] [ Address ] Dear [ insert organisation name ] Arbitration [ Arbitral Institution ] [ No. ]: [ Claimant ] v....

[ Insert date ][ Insert names and addresses of tribunal members ]cc: [ Insert names and addresses of other parties to the arbitration ] Dear [ Members of the Tribunal or name(s) of the arbitrator(s) ], [ Insert title of arbitration including any reference number ] We write in relation to the award [ insert number (if applicable) and date of award ] and [ insert name of party ]’s request for correction under section 57(3)(a) of the Arbitration Act 1996, made on [ insert date ] [ if there is any uncertainty about the receipt date, also include the date on which we received it ]. Timetable As to the timetable proposed by [ insert name of party ], we [ agree and will submit our observations accordingly OR do not agree for the following reasons: [ set out reasons for disagreement ] and,...