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Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.
Unlike other forms of alternative dispute resolution, arbitration is governed by statute: Arbitration Act 1996.
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Drafting a building contract/schedule of amendments鈥攃hecklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method鈥攃onstruction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters 鈥 Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor鈥檚 company number and name at Companies House. 鈥 Obtain consultants鈥 details Confirm the full details of the consultants engaged by the employer; some...
How to conduct efficient arbitration鈥攃hecklist Techniques for controlling time and costs in arbitration This Checklist is derived from the ICC publication: Techniques for controlling time and costs in arbitration. The report is aimed at the tribunal, arming them with methods of conducting efficient arbitration. It is also useful for practitioners preparing for arbitration. The following are suggestions to practitioners derived from the ICC's report. Timetable 鈥 make all reasonable efforts to comply with the timetable and only request extensions when justified 鈥 consider whether hearings could be avoided or conducted by telephone 鈥 consider fixing the hearing date in order to encourage all parties and the tribunal to be efficient and to manage busy diaries 鈥 consider how IT could be used to make the process more efficient鈥攂e pro-active in making suggestions to the tribunal about the use of technology in the arbitration process 鈥 be realistic about timetables and deadlines 鈥 considering whether the dispute would be better resolved by resolution of one or more preliminary issues by the...
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Freedom of information request鈥攆lowchart In brief The timeframe for compliance with a freedom of information request is 20 working days, although in certain limited circumstances this can be extended. Upon receipt of a request, an authority should: 鈥 record the date on which the request was received 鈥 assess the validity of the request 鈥 establish whether information of the description specified in the request is held by the authority 鈥 estimate the cost of compliance 鈥 consider charging a fee 鈥 consider whether any exemptions apply 鈥 respond to the applicant within the timeframe For information on the freedom of information regime generally, see Practice Notes: 鈥 Introduction to freedom of information 鈥 Who is subject to the freedom of information regime For an overview of the whole process click here to view or print a separate PDF version. Step 1鈥擱equest for information received Click here to view or print the full-size PDF version: Timeframe within which to respond See Practice Note: Compliance with a freedom...
LTA 1954 unopposed lease renewal procedure鈥攆lowchart A business lease automatically continues after the expiry of the contractual term if the tenant remains in occupation for business purposes under the Landlord and Tenant Act 1954 (LTA 1954). The statutory rights under the existing lease may be terminated by either party serving one of the statutory notices of termination. This flowchart sets out the procedure for an LTA 1954 unopposed business lease renewal. For the LTA 1954 opposed business lease renewal procedure, see: LTA 1954 opposed lease renewal procedure鈥攆lowchart. For more information regarding LTA 1954 security of tenure and the court procedure, see Practice Notes: LTA 1954 business lease renewal鈥攑roceedings and LTA 1954 business lease renewal鈥攖ermination. Note 1 Diarise a date at least 12鈥18 months in advance of the contractual expiry date of the current lease. See Practice Note: LTA 1954 business lease renewal鈥攖ermination. Note 2 Information must be provided within one month of service of notice. A party has a duty to correct any information supplied for six months...
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This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and Wales, including the Arbitration Act 1996 (AA 1996).Arbitration is a form of final and binding dispute resolution presided over by an appointed arbitral tribunal (one or three arbitrators, typically) acting in a quasi-judicial manner. Arbitration is, generally speaking, founded on party agreement (the arbitration agreement), and regulated and enforced by national law and national courts. In choosing arbitration, parties opt for a private dispute resolution procedure instead of litigating in court. The result of an arbitration is, usually, an arbitral award, which is a final, binding and enforceable (as against the losing party or parties) decision on the dispute submitted for determination (and akin to a court judgment). Arbitral awards are subject to limited rights of challenge or appeal on either standalone bases or as defences to recognition and enforcement.International commercial arbitration is considered by the international business community to be a true, and often preferable,...
This Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes.Med-arb is suitable for resolving a wide range of commercial disputes. It is appropriate, for example, for resolving international or cross-border disputes in the construction, energy and infrastructure sectors.What is med-arb?Med-arb is a hybrid, two-stage alternative dispute resolution (ADR) process. It usually involves the parties agreeing to grant a mediator power to convert automatically to being an arbitrator, and to make a legally binding arbitral award, if the mediation fails to result in a settlement of the relevant dispute. The arbitration phase of the process will be legally binding, and the arbitrator鈥檚 award will be enforceable like an award rendered in standard arbitration proceedings, which is usually advantageous.There is a range of possible variants to the med-arb process, including having both a mediator and arbitrator present for an opening session. The mediator then conducts a mediation and the arbitrator is only involved again if the mediation fails to reach a settlement. In this variant, the mediation and arbitration...
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The Transport and Maritime Arbitration Rotterdam-Amsterdam (TAMARA) model arbitration clause is as follows.
China Maritime Arbitration Commission (CMAC) model
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To what extent do arbitral tribunals (governed by English law) apply the Halsey approach following a failure to mediate under a tiered dispute resolution clause? The English courts have imposed costs sanctions on litigating parties who have unreasonably failed to mediate and one of the leading cases in this regard is Halsey v Milton Keynes General NHS Trust. See Practice Note: Costs consequences of refusing to consider ADR in civil proceedings for, among other matters, more information on that case and how it has been interpreted by the English courts in the context of litigation proceedings. One of public policy reasons for the English court鈥檚 decision to sanction parties in costs for unreasonable refusing to mediate in litigation is that the court resources are finite and, if possible, the parties should resolve their disputes without recourse to the courts or with limited court intervention. However, it may be suggested that no equivalent public policy exists in arbitration as arbitration is a private, consensual dispute resolution procedure...
How does the ICC calculate its advance on costs? In International Chamber of Commerce (ICC) arbitration, the parties are required to pay a substantial amount of the costs of the arbitration 'up front' to cover the tribunal's and the ICC's fees and expenses. Separate advances will often be set throughout the course of the arbitration and it is not possible to say in advance how much the arbitration is going to cost. Advisors can often give an indication of the costs of previous similar disputes but the inevitable twists and turns of case mean that no one can predict the eventual cost. In considering the costs of the arbitration, parties must be aware that any advance set by the ICC is intended only to cover the tribunal and ICC's fees, in addition the parties will have to bear their own legal fees (some of which will hopefully be recoverable from the opposing party)鈥攕ee: Costs in international arbitration鈥擜llocation and recoverability of costs. Provisional advance Once the ICC...
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Environment analysis: This analysis unpacks the Arbitration Tribunal鈥檚 final decision regarding the dispute between the EU and the UK. The tribunal was tasked with deciding whether the UK鈥檚 decision to impose a ban on sandeel fishing in the UK waters of the North Sea was in line with the obligations and principles laid out in the EU-UK Trade and Cooperation Agreement (TCA). Ultimately, the tribunal found that, substantially, the ban on sandeel fishing was legitimate and that the ban was aligned with the ecological conservation aspirations of the TCA. However, procedurally the tribunal found that England had not sufficiently considered the principle of proportionality. Consequently, England is required to make adjustments to ensure that they respect their responsibilities under the TCA. The ban is permitted to remain in place while these adjustments are being made. Written by Noa Brawerman of Ardea International.
Law360: On 11 June 2025, a DC Federal Judge denied Russia's application to set aside litigation filed by the financing arm of Yukos Oil Co to enforce a nearly US$5bn arbitral award, saying the Kremlin's jurisdictional objections fell short.
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