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Is the award complete?—checklist On receipt of the arbitral award, parties should check that it is 'complete' in the sense of meeting formal requirements, noting their importance for the purposes of any challenges and/or appeals in respect of the award or its recognition and enforcement. The following Checklist, while not exhaustive, sets out some of the key considerations: • Is it in writing? • Do the relevant rules allow for electronic transmission (see eg LCIA Arbitration Rules art 26.7—the LCIA Rules (and many others) give primacy to making and transmitting awards in electronic form) • Has it been signed by all the arbitrations or those assenting to it? (Note that several sets of institutional rules (including the LCIA Arbitration Rules (art 26.6)) provide for signing by only the majority or the presiding arbitrator in certain circumstances) • Does it state the seat of the arbitration by city and country? • Does it state the date it was made/rendered? • Are there any specific requirements for the award stipulated in
Drafting arbitration agreements—checklist This Checklist provides a list of matters to consider when drafting an arbitration agreement/arbitration clause. Although the parties may not be focussed on potential disputes when negotiating their substantive agreement, it is advisable to consider carefully the provisions of the arbitration agreement in some detail, with the benefit of specialist advice as necessary. Should an issue arise under the substantive agreement, the parties will not want to spend time deciding on, and even litigating, how to resolve the dispute. A Precedent arbitration clause for inclusion in a contract is available here: Arbitration clause. When drafting an arbitration agreement, consider: • in general: ◦ is the agreement clearly drafted? Avoiding ambiguity is generally considered to be important when drafting any form of agreement, and that advice applies with equal force to arbitration agreements ◦ have you used a standard or model clause from an arbitral organisation, another agreement, or a precedent bank? If so, is it current, and/or does it need to be adapted for your agreement? If...
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Ireland—Methods of alternative dispute resolution This Practice Note provides an overview and introduction to forms of alternative dispute resolution commonly used to settle disputes in Ireland: direct negotiation, mediation, adjudication, arbitration and conciliation. It provides an overview of the key features of these forms of alternative dispute resolution and the governing legislation, namely, the Mediation Act 2017 (Ireland) (MA 2017 (IRL)), the Construction Contracts Act 2013 (Ireland) (CCA 2013 (IRL)) and the Arbitration Act 2010 (Ireland) (AA 2010 (IRL)). Forms of alternative dispute resolution Alternative dispute resolution (ADR) provides a voluntary alternative to litigation to settle civil disputes. The most popular ADR methods used in Ireland will be well recognised to those practising in other common law jurisdictions: arbitration, mediation, direct negotiation and construction adjudication. The process of conciliation, commonly used in Ireland for the resolution of both employment and construction disputes, will often not be familiar to those who practice elsewhere. There is also modest use of other processes on the ADR spectrum, such as expert determination. Likewise, escalating...
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...
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Deed of retirement from partnership This Deed of retirement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of retiring partner] of [insert address] (Retiring Partner), and 2 The persons whose names and addresses are set out in Schedule 1 (Continuing Partners). Recitals: (A) The Partners have been carrying on business in partnership under the terms of the Partnership Agreement. (B) The Retiring Partner is to retire from the Partnership on the Retirement Date. (C) The provisions of this deed shall apply to the retirement of the Retiring Partner in place of any provisions of the Partnership Act 1890 and the Partnership Agreement that would otherwise apply to the retirement of the Retiring Partner. The parties agree: 1 Definitions and interpretation 1.1 In this deed: Accountants • means [insert name of Partnership's accountants] or such other firm of accountants as may be appointed to replace them in accordance with the provisions of the Partnership Agreement; Accounting Date • means [insert Partnership accounting date]; Accounting...
Deed of retirement from a limited liability partnership This Deed of retirement is made on [insert day and month] 20[insert year] Parties 1 [insert name of retiring member] of [insert address] (Retiring Member); 2 [insert name] LLP a limited liability partnership (registration number OC [insert number]) whose registered office is at [insert address] (LLP); and 3 The persons whose names and addresses are set out in Schedule 1 (Continuing Members). background: (A) The Retiring Member and Continuing Members are members of the LLP. (B) The Retiring Member is to retire from the LLP on the Retirement Date. (C) The provisions of this deed shall apply to the retirement of the Retiring Member in place of any statutory provisions and any provisions of the LLP Agreement that would otherwise apply to the retirement of the Retiring Member. The parties agree: 1 Definitions and interpretation 1.1 In this deed: Accounting Period • means each period of 12 months ending on the Accounting Reference Date; Accounting Reference...
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Can a multi-tier dispute resolution (DR) clause provide for mediation between the parties in one location followed by in the absence of settlement of the dispute and arbitration in another location? Can a DR clause provide for arbitration and court litigation? Multi-tier dispute resolution clauses Contractual parties are free to agree, subject to relevant law governing validity/enforceability, that relevant disputes under their contract shall be resolved by mediation followed by, in the event that mediation is not successful, binding arbitration. Indeed, many model alternative dispute resolution (ADR) clauses provide for such an approach—see for example, Mediation followed by arbitration: Chartered Institute of Arbitrators: Atkin's Court Forms [214]. The fact that parties agree for mediation to take place in one location and for arbitration to take place in another is, once again, subject to relevant applicable law, a matter of party autonomy, although such approach will have logistical challenges for the parties and they should consider issues such as, for example, what will be the law of...
Will the Malaysian courts recognise and enforce an award issued by an arbitral tribunal seated in Singapore, where the period for setting aside the award before the Singapore courts has not expired? Malaysia is a party to the New York convention and will recognise and enforce an award provided that the award is final and binding. In Malaysia, section 38 of the Arbitration Act 2005 (AA 2005) gives recognition to arbitration awards made in an arbitration, either where the seat of arbitration is in Malaysia or where the award is issued from a foreign state. Such awards will be recognised by the Malaysian courts as being binding and enforceable in Malaysia and be entered as a judgment of the Malaysian courts, subject only to limited circumstances where such awards may be set aside, which includes where the award has not yet become binding on the parties or has been set aside or suspended by a court at the seat (AA 2005, s 39(a)(vii)). For more
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Arbitration analysis: In this decision, the Versailles Court of Appeal (ruling on remand) issued a groundbreaking decision on the statute of limitations applicable to leave application for enforcement of international arbitral awards in France. After an initial request for leave to enforce was filed in 2016 and eventually withdrawn in 2017 to comply with an anti-suit injunction from the New York Supreme Court, an investor (the claimant) filed a new request for leave to enforce in November 2018. This request having been granted, Citigroup Global Market Inc along with one of its individual bankers (the respondents, and together with the claimant, the parties) appealed the decision before the Paris Court of Appeal, which dismissed the appeal. Overturning this decision, the French Supreme Court remanded the case to the Versailles Court of Appeal. The court ultimately ruled that a five-year limitation period from the date of issuance of the award applies to leave application for enforcement of international awards in France. Written by Julie Spinelli, partner at Le 16 Law (with...
Law360: With the Trump administration's emphasis on tariffs, including introducing tariffs against the U.S.' three biggest trading partners and advocating for an External Revenue Service to collect tariffs and other foreign revenue, members of the business world face increasing uncertainties as they assess and renegotiate the cost of doing business and obligations under a changed economic and political landscape, increasing the likelihood of contract disputes.[1]
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