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Choosing an arbitral seat—Austria

Choosing an arbitral seat—Austria Due to Austria’s geographical location and political neutrality, the country’s reputation for resolving international commercial disputes is traditionally strong. Accordingly, Austria can be considered one of the major centres for arbitral proceedings in Europe. This Practice Note considers information relevant for those considering Austria as a legal seat of arbitration. For more information on the arbitral seat, see Practice Notes: The seat of the arbitration and Choosing the seat of arbitration. Why Austria? • political neutrality • modern and well-developed arbitration law (a UNCITRAL Model Law country) • sophisticated international administering institution (Vienna International Arbitral Centre (VIAC)) • arbitration-friendly courts • proceedings to set-aside an arbitral award are to be decided by the Supreme Court as first and only instance • very active arbitration community • strong ties with Central and Eastern Europe as well South Eastern Europe, as well as increased ties with China The legal environment Austrian arbitration law forms part of the Austrian Code of Civil Procedure (sections 577...

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales) STOP PRESS: This Practice Note has been updated in light of the new Arbitration Act 2025 and contains reference to amended provisions in the Arbitration Act 1996. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force? This Practice Note considers the procedural law of arbitration proceedings and how it is determined under the law of England and Wales (England and English are used as convenient shorthand). The procedural law of the arbitral proceedings The procedural law of an arbitration is also called the 'lex arbitri' or the 'curial law'. It provides the framework for the internal procedure of the arbitration itself and the power of the courts supervising and supporting the arbitration. The detail of how an arbitration is to be proceeded is usually determined by any applicable arbitration rules, the procedural orders of the tribunal, and the parties' agreement. The curial law can,...

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Transport and Maritime Arbitration Rotterdam—Amsterdam (TAMARA) model arbitration clause

The Transport and Maritime Arbitration Rotterdam-Amsterdam (TAMARA) model arbitration clause is as follows.

SIAC (2016)—Notice of arbitration

SIAC (2016)—Notice of arbitration This is 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 apply to 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 1 [insert name of Claimant] Claimant(s) and 2 [insert name(s) of Respondent] Respondent(s) 1 This Notice of Arbitration (Notice) is issued and filed pursuant to rule 3 of the Arbitration Rules of the Singapore International Arbitration Centre (6th Edition, 1 August 2016) (SIAC Rules). Demand 2 By way of this Notice, the Claimant demands that its dispute(s) with the Respondent(s) as set out below be referred to arbitration. The Parties 3 The [First] Claimant(s) [is OR are]: [for each Claimant, insert name, address, telephone number(s), fax number(s) and email address(es)] 4 All communications should be to the Claimant(s)’ representatives: [insert contact details including name, address,...

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What are the sanctions in English law and arbitration for a party that has destroyed documentary evidence?

What are the sanctions in English law and arbitration for a party that has destroyed documentary evidence? Sanctions under English law Disclosure under CPR 31—preservation of documents Documents that a party intends to rely on in litigation should be preserved as soon as litigation is contemplated. CPR PD 31B, para 7 expressly requires practitioners to advise their clients of the need to preserve disclosable documents as soon as litigation is contemplated. This obligation encompasses past, present and future information. In relation to the preservation of electronically stored information it is particularly important to ensure that nothing is altered, deleted, lost or destroyed. For more information, see Practice Note: Disclosure—preserving documents. If a party fails adequately to preserve disclosable information, it may face satellite litigation regarding the documents in question. The court may order the party to provide an explanation why documents have not been preserved (Glaxo Wellcome UK Ltd v Sandoz Ltd). If the court considers it appropriate, it may draw adverse inferences against a party which...

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AAA updates consumer and employment arbitration rules for digital age

The American Arbitration Association (AAA) has announced comprehensive updates to its Consumer and Employment/Workplace Arbitration Rules. The revised rules establish virtual hearings as the default format, introduce new information exchange protocols and expand employment rules to cover independent contractors. The changes follow public consultation and aim to modernise dispute resolution processes. Key updates include clearer case administration standards, enhanced arbitrator authority for preliminary issues and integration of Consumer Mediation Procedures launched on 1 April 2025.

Arbitration weekly highlights—1 May 2025

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England & Wales, Hong Kong, Singapore, France, and the USA; updates from the LCIA, LMAA, SIAC, SCCA, SVAMC, AAA and P.R.I.M.E. Finance; news on Swiss arbitration and analysis of how international arbitration could factor in tariff dispute resolution. All this, and more, in our weekly highlights.