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| 1 | Arbitration: a ten-minute guide Need to find out about arbitration in ten minutes? This practice note aims to provide a bird's eye view of the most important features of arbitration and arbitration law, from commencement of proceedings right through to enforcement of awards. Links to more detailed discussion are provided. | Practice Note: Overview | Maintained |
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| 1 | A guide to the CIETAC Arbitration Rules (2005) This note is an introduction to the China International Economic and Trade Arbitration Commission and the CIETAC Arbitration Rules 2005. Note that the CIETAC Arbitration Rules 2012 apply to arbitrations commenced on or after 1 May 2012. The 2005 Rules will continue to apply to arbitrations commenced before that date, unless the parties agree that the 2012 Rules should apply. | Practice Notes | Maintained |
| 2 | A guide to the CIETAC Arbitration Rules (2012) This note is an introduction to the China International Economic and Trade Arbitration Commission and the CIETAC Arbitration Rules 2012. Note that the CIETAC Arbitration Rules 2012 apply to arbitrations commenced on or after 1 May 2012. The 2005 Rules will continue to apply to arbitrations commenced before that date, unless the parties agree that the 2012 Rules should apply. See Practice note, A guide to the CIETAC Arbitration Rules (2005) for discussion about the 2005 Rules. | Practice Notes | Maintained |
| 3 | A quick guide to the rules of the leading arbitral institutions This practice note highlights and summarises some of the key features of the major global arbitral institutions. | Practice Notes | Maintained |
| 4 | AAA Arbitration: A Step-By-Step Guide A Practice Note describing the necessary steps for conducting arbitration under the rules of the American Arbitration Association. | Practice Notes | Maintained |
| 5 | Arbitrating under the HKIAC Administered Arbitration Rules: a ... A step-by-step guide to running an arbitration under the HKIAC Administered Arbitration Rules, from preliminary steps to post-award. | Practice Notes | Maintained |
| 6 | Arbitrating under the UNCITRAL Rules 1976: a step-by-step ... A step-by-step guide to running an arbitration under the UNCITRAL Rules 1976, from preliminary steps to post-award. | Practice Notes | Maintained |
| 7 | Arbitrating under the UNCITRAL Rules 2010 The UNCITRAL Arbitration Rules 2010 are often adopted in ad hoc arbitrations. This note provides a step-by-step guide to conducting an arbitration under the UNCITRAL Rules 2010, from preliminary steps to post-award. For a guide to arbitrating under the UNCITRAL Rules 1976, see Practice note, Arbitrating under the UNCITRAL Rules 1976: a step-by-step guide. | Practice Notes | Maintained |
| 8 | Arbitration in Brazil After the enactment of the Brazilian Arbitration Act of 1996 (BAA 1996) and the growth of the Brazilian economy, Brazil has become an important venue for arbitration in Latin America. This note considers the framework for arbitration in Brazil, as set out by the BAA 1996, taking into consideration some applicable provisions of the Civil Code of Procedure and recent case law. It deals with all aspects of arbitration by describing the main features of a Brazilian arbitral process, from the preparation of a valid arbitration agreement to the enforcement of arbitral awards. | Practice Notes | Maintained |
| 9 | Arbitration in Germany This note describes the most significant features of the arbitral process in Germany, including the German law regarding arbitration agreements, the duties and powers of the tribunal, the role of state courts, and the challenge and enforcement of awards. | Practice Notes | Maintained |
| 10 | Arbitration in Switzerland Switzerland is one of the most established venues for international arbitration. This note considers the framework for domestic and international arbitrations in Switzerland, as set out in Chapter 12 of the Private International Law Act, the Civil Code of Procedure and case law of the Swiss Federal Supreme Court. The note describes the most significant features of the arbitral process in Switzerland, from the requirements for a valid arbitration agreement to the duties and powers of the tribunal, and the role of the state courts. | Practice Notes | Maintained |
| 11 | Avoiding delays and excessive costs in arbitration A note giving practical advice on the steps parties and arbitrators can take to avoid excessive delays and costs in arbitration. | Practice Notes | Maintained |
| 12 | Brazilian Arbitration Act 1996 The Brazilian Arbitration Act 1996 (BAA 1996) initiated a new era of arbitration in Brazil and provided a solid basis for its development. This practice note: Explains the underlying principles of the BAA 1996. Offers guidance on the interpretation of the BAA 1996. Explains the interplay between arbitral tribunals and courts in Brazil. | Practice Notes | Maintained |
| 13 | Bribery, corruption and money laundering in international ... A guide to the key issues that arise when allegations of bribery, corruption and money laundering affect international arbitration proceedings. | Practice Notes | Maintained |
| 14 | Challenges to arbitrators This note provides practical guidance on the grounds for challenging an arbitrator and the procedure for making a challenge. PLC Arbitration is grateful to Lee A. Steven of White & Case LLP for his assistance. | Practice Notes | Maintained |
| 15 | Choosing an Arbitral Seat in the US This Note explains the important factors to consider in selecting a US arbitral seat for an international arbitration in New York, California, Florida and Washington, DC. To the extent that the law applicable to domestic arbitrations between two US companies differs, this Note does not address domestic arbitration, unless expressly indicated. | Practice Notes | Maintained |
| 16 | Confidentiality in English arbitration law A note analysing the situations in which a duty of confidentiality may affect parties to arbitral proceedings. | Practice Notes | Maintained |
| 17 | Dealing with witnesses in international arbitration This practice note deals with the use of witness evidence in international arbitration. Its focus is on factual as opposed to expert witnesses. | Practice Notes | Maintained |
| 18 | Disclosure of electronic documents in international arbitration A practice note examining issues that arise in the production of electronic documents (also known as disclosure) in international arbitration. | Practice Notes | Maintained |
| 19 | Document production in international arbitration A note examining the rules and principles that govern document production (also known as disclosure) in international arbitration, including practical tips for ensuring efficiency and avoiding delays. | Practice Notes | Maintained |
| 20 | Ethical issues for counsel in international arbitration This note considers the issues that can arise from duties of professional conduct owed by counsel in an international arbitration. It assess the problems for parties and their counsel and proposes possible solutions, including a code of ethics for international arbitration. | Practice Notes | Maintained |
| 21 | Evidence in international arbitration A note describing the principles governing evidence in international arbitrations, with practical tips and guidance. | Practice Notes | Maintained |
| 22 | Expert evidence in international arbitration A note outlining the circumstances in which expert evidence may be adduced in international arbitration, and providing guidance on the relevant practice and procedure. | Practice Notes | Maintained |
| 23 | How do I appoint an arbitrator? Some arbitration agreements require arbitrators to be chosen and appointed by the parties. But how do you actually go about appointing them? This practice note provides practical guidance on the steps that must be taken when appointing an arbitrator, including the first approach to a potential arbitrator and confirmation of appointment. | Practice Notes | Maintained |
| 24 | ICC Arbitration (2012 Rules): a step-by-step guide A step-by-step guide to running an ICC arbitration, from preliminary steps to post-award, under the ICC Arbitration Rules 2012. | Practice Notes | Maintained |
| 25 | ICC arbitration (1998 Rules): a step-by-step guide A step-by-step guide to running an ICC arbitration (1998 Rules), from preliminary steps to post-award. | Practice Notes | Maintained |
| 26 | ICDR Arbitration: A Step-by-Step Guide A Practice Note describing the necessary steps for conducting arbitration under the rules of the International Centre for Dispute Resolution. | Practice Notes | Maintained |
| 27 | ICSID arbitration: a step-by-step guide This note sets out the usual steps in ICSID arbitration, providing links to the relevant rules and practical guidance. | Practice Notes | Maintained |
| 28 | LCIA India arbitration: a step-by-step guide This note sets out the usual steps in a London Court of International Arbitration (India) arbitration, providing links to relevant rules and practical guidance. | Practice Notes | Maintained |
| 29 | LCIA arbitration: a step-by-step guide A step-by-step guide to running an LCIA arbitration, from preliminary steps to post-award. | Practice Notes | Maintained |
| 30 | Privilege in international arbitration Privilege entitles a party to litigation or arbitration to withhold evidence (which would or should otherwise be produced) from production to a third party, court or tribunal. International arbitration brings together parties from different jurisdictions and legal backgrounds. Most jurisdictions have their own rules and laws regulating what evidence may be withheld on the basis of privilege. Although there may be common grounds of public policy underlying the existence of such privileges, the laws will vary in their application and ambit. Disputes may arise in international arbitration as a result of these conflicting rules and expectations. These disputes are often complicated by the fact that there are no set rules or published authority on how international arbitral tribunals should exercise their discretion to resolve such a claim for privilege. The purpose of this note is to provide an overview on how such disputes may be resolved. In particular, it aims to summarise the different approaches that tribunals may take in resolving such a dispute, or what approach a tribunal should be asked to adopt. This note also sets out some practical measures to consider before and during the arbitration. | Practice Notes | Maintained |
| 31 | Procedural powers of international arbitration tribunals A brief overview of the procedural powers which may be available to international arbitration tribunals. | Practice Notes | Maintained |
| 32 | Resolving disputes in China through arbitration This practice note outlines some of the practical and cultural considerations when assessing dispute resolution mechanisms and the advantages of arbitration for China-related disputes. The note also describes the most significant features of the arbitral process, focussing in particular on international arbitration under both the 2012 and 2005 versions of the CIETAC arbitration rules. The options for arbitrating China-related disputes outside China, and the possible choice of alternative venues and arbitral rules, are also considered. Note: this note is currently under review in light of CEITAC's announcement suspending the Shanghai and South China subcommission's authorisation to administer CIETAC cases. | Practice Notes | Maintained |
| 33 | SIAC arbitration: a step-by-step guide This note sets out the usual steps in a Singapore International Arbitration Centre (SIAC) arbitration, providing links to relevant rules and practical guidance. | Practice Notes | Maintained |
| 34 | Selection of party-nominated arbitrators This note offers a practical guide to selecting an arbitrator. It includes consideration of pre-selection interviews and the guidance offered in the International Bar Association Guidelines. | Practice Notes | Maintained |
| 35 | The Arbitration (Scotland) Act 2010 The Arbitration (Scotland) Act 2010 (AA 2010) provides a modern statutory framework for domestic and international arbitration in Scotland, drawing on the best features of arbitration regimes around the world and reflected in the founding principles of the AA 2010. This practice note considers the terms of the AA 2010, including the Scottish Arbitration Rules. | Practice Notes | Maintained |
| 36 | The Irish Arbitration Act 2010 This practice note provides an overview of the Irish Arbitration Act 2010. It explains the principles which underlie the Act, and gives guidance on interpretation. | Practice Notes | Maintained |
| 37 | Third party funding for international arbitration claims: practical ... This note considers the growth of third party funding in international arbitration. It summarises some of the benefits and risks of third party funding for claimants in arbitration and provides guidance on how to manage those risks. The note describes the process of obtaining funding and gives practical tips for parties entering into a funding agreement. | Practice Notes | Maintained |
| 38 | Understanding the Federal Arbitration Act This Note provides an overview of the scope of the federal legal principles applicable to arbitration in the US. | Practice Notes | Maintained |
| 39 | Why arbitrate? Should you agree to arbitrate existing or future disputes? This practice note addresses the advantages and disadvantages of arbitration as a means of dispute resolution. | Practice Notes | Maintained |
| 40 | Document production in international arbitration: a quick guide A quick guide to the interim remedies available from tribunals and local courts in key jurisdictions, based upon information in the Arbitration multi-jurisdictional guide. Each country section is based on information provided between March - June 2012. | Practice Notes | 04-Dec-2012 |
| 41 | A world tour of the rules of privilege This note provides an overview of the law on privilege in 23 jurisdictions as at 30 July 2009. Where relevant, it will be necessary to check whether the law has changed since then. | Practice Notes | 30-Jul-2009 |
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| 1 | Application to remove arbitrator under section 24 Arbitration ... An example claim form seeking an order to remove an arbitrator under section 24 of the English Arbitration Act 1996. This document is only available in MS Word format. Click here to view it. | Standard Documents | Maintained |
| 2 | Application to remove arbitrator under section 24 Arbitration ... An example draft order for an application to remove an arbitrator under section 24 of the English Arbitration Act 1996, with integrated drafting notes. | Standard Documents | Maintained |
| 3 | Application to remove arbitrator under section 24 Arbitration ... This case study provides an example of an application to the English court for an order removing an arbitrator under section 24 of the Arbitration Act 1996. | Standard Documents | Maintained |
| 4 | Application to remove arbitrator under section 24 Arbitration ... An example witness statement supporting an application to remove an arbitrator under section 24 of the English Arbitration Act 1996, with integrated drafting notes. | Standard Documents | Maintained |
| 5 | Appointment of Party-nominated Arbitrator: US Notice A notice appointing a party-nominated arbitrator. | Standard Documents | Maintained |
| 6 | ICC (1998 Rules) provisional timetable A sample provisional timetable in an international arbitration conducted under the ICC Rules of Arbitration 1998. This document is only available in MS Word format. Click here to view it. | Standard Documents | Maintained |
| 7 | LCIA order for directions A sample order for directions in an international arbitration conducted by the London Court of International Arbitration (LCIA). This document is only available in MS Word format. Click here to view it. | Standard Documents | Maintained |
| 8 | Preliminary Meeting agenda and submissions A sample agenda and submissions for use at a preliminary meeting. This document is only available in MS Word format. Click here to view it. | Standard Documents | Maintained |
| 9 | Specimen Redfern schedule A specimen Redfern schedule as used to create a record of requests for disclosure of documents in international arbitration. | Standard Documents | Maintained |
| 10 | Specimen order for production of documents A sample order for document production (also known as disclosure) in international arbitration. | Standard Documents | Maintained |
| 11 | Evidence in international arbitration: summary of jurisdictions | Standard Documents | 06-Jun-2008 |
| 12 | Document Production: Summary of Jurisdiction | Standard Documents | 03-Jun-2008 |
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| 1 | Arbitration claims in the English courts: flowchart A flowchart setting out the stages when making or responding to arbitration claims in the English courts. For more detailed guidance, please see Practice note, Arbitration claims: applications to the English court. | Checklists | Maintained |
| 2 | CIETAC arbitration (2005 rules): flowchart A flowchart showing all the stages of a CIETAC arbitration, based on the CIETAC Arbitration Rules 2005. For more detailed guidance, see Practice note, A guide to the CIETAC Arbitration Rules (2005). | Checklists | Maintained |
| 3 | CIETAC arbitration (2012 rules): flowchart A flowchart showing all the stages of a CIETAC arbitration, based on the CIETAC Arbitration Rules 2012. For more detailed guidance, see Practice note, A guide to the CIETAC Arbitration Rules (2012). | Checklists | Maintained |
| 4 | Comparative chart of ICDR, ICC, LCIA, WIPO and SCC rules | Checklists | Maintained |
| 5 | Comparative table: commencement of arbitration proceedings A comparative table on commencing arbitration proceedings under the UNCITRAL, LCIA, ICC, ICDR and SCC Arbitration Rules. | Checklists | Maintained |
| 6 | Document production: table of institutional rules A comparative table on document production under the LCIA, ICC, ICDR, SCC and UNCITRAL arbitration rules. | Checklists | Maintained |
| 7 | Evidence in international arbitration: table of institutional rules A comparative table on evidence under the LCIA, ICC, ICDR, SCC and UNCITRAL arbitration rules. | Checklists | Maintained |
| 8 | HKIAC arbitration flowchart A flowchart showing all the stages of a Hong Kong International Arbitration Centre (HKIAC) arbitration, based on the HKIAC Administered Arbitration Rules, 1 September 2008. | Checklists | Maintained |
| 9 | ICC arbitration (1998 Rules) flowchart A flowchart showing all the stages of an ICC arbitration (1998 Rules). For a more in-depth look at the procedure in an ICC arbitration (1998 Rules), please see ICC arbitration (1998 Rules): a step-by-step guide. | Checklists | Maintained |
| 10 | ICC arbitration (2012 Rules): flowchart A flowchart showing all the stages of an ICC arbitration (2012 Rules). For a more in-depth look at the procedure in an ICC arbitration (2012 Rules), please see ICC arbitration (2012 Rules): a step-by-step guide. | Checklists | Maintained |
| 11 | ICDR arbitration flowchart A flowchart showing all the stages of an ICDR arbitration. | Checklists | Maintained |
| 12 | LCIA arbitration flowchart A flowchart showing all the stages of an LCIA arbitration. For a more in-depth look at the procedure of an LCIA arbitration, please see LCIA arbitration: a step-by-step guide. | Checklists | Maintained |
| 13 | Preliminary Meeting Checklist A checklist of procedural and other matters that the parties or the tribunal can usefully raise at the preliminary meeting stage of an arbitration. The checklist can be used as an agenda to prepare for a preliminary meeting, or as a framework for discussing or agreeing procedural directions. | Checklists | Maintained |
| 14 | Third party funding for international arbitration claims: key ... Key issues for claimants and their lawyers to consider when seeking third party funding and negotiating a funding agreement for international arbitration claims. | Checklists | Maintained |
| 15 | UNCITRAL arbitration (1976 Rules): flowchart A flowchart showing all the stages of an arbitration conducted under the UNCITRAL Arbitration Rules (1976). For a more in-depth look at the procedure in an arbitration under the UNCITRAL Arbitration Rules (1976), please see Practice note, Arbitrating under the UNCITRAL Rules (1976): a step-by-step guide. | Checklists | Maintained |
| 16 | UNCITRAL arbitration (2010 Rules): flowchart A flowchart showing all the stages of an UNCITRAL arbitration, based on the UNCITRAL Arbitration Rules 2010. For more detailed guidance, see Practice note, Arbitrating under the UNCITRAL Rules 2010. | Checklists | Maintained |
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| 1 | Arbitration: the essential tools A collection of essential reading materials, tools and useful information to assist the arbitration practitioner. | Articles | Maintained |
| 2 | Avoiding and managing commercial disputes A consideration of how companies can ascertain which business areas are most exposed to legal disputes and implement procedures to avoid or minimise that risk. | Articles | 12-Apr-2013 |
| 3 | US: arbitration round-up 2012/2013 An article highlighting the key arbitration-related developments in the US in 2012/2013. | Articles | 31-Jan-2013 |
| 4 | Top ten international arbitration developments 2012 2012 has seen a number of changes in the international arbitration landscape, including rule changes, legislative developments and important caselaw. PLC Arbitration has reviewed the year's developments and selected ten of the most important. | Articles | 19-Dec-2012 |
| 5 | Arbitration procedures and practice in Spain: overview A Q&A guide to arbitration law and practice in Spain. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Dec-2012 |
| 6 | The 2012 International Arbitration Survey: Looking behind the ... This article summarises the results of the 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process. | Articles | 07-Nov-2012 |
| 7 | Amendments to Turkish Code of Civil Procedure governing ... This article examines the Code of Turkish Civil Procedure (No.6100), which governs domestic arbitration and which was substantially amended in 2011. | Articles | 01-Nov-2012 |
| 8 | Arbitration procedures and practice country Q&A tool The Country Q&A tool enables subscribers to search the Country Q&A in the PLC Arbitration multi-jurisdictional guide by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the "submit" button. Please note that the law stated dates for each jurisdiction covered may not be the same. To check the law stated dates for each jurisdiction, please visit the individual article. | Articles | 01-Aug-2012 |
| 9 | Arbitration procedures and practice in Hong Kong: overview A Q&A guide to arbitration law and practice in Hong Kong. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Aug-2012 |
| 10 | Arbitration procedures and practice in South Korea: overview A Q&A guide to arbitration law and practice in South Korea. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Aug-2012 |
| 11 | PLC Arbitration Editorial Board | Articles | 01-Aug-2012 |
| 12 | Arbitration procedures and practice in Singapore: overview A Q&A guide to arbitration law and practice in Singapore. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Jul-2012 |
| 13 | Third party funding in international arbitration: balancing ... This feature article provides an overview of third party funding in arbitration claims, and considers its advantages and disadvantages. | Articles | 28-Jun-2012 |
| 14 | 2012 revisions to the ICC and Swiss rules on arbitration: the ... This chapter provides an overview of the 2012 revisions to the Swiss Rules of International Arbitration and the ICC Rules of Arbitration. In particular, it: summarises the main amendments to the two sets of rules that deal with efficiency considerations; examines mechanisms aimed at complex arbitrations; and discusses provisions relating to the emergency arbitrator. This article is part of the PLC Arbitration multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Jun-2012 |
| 15 | Arbitration procedures and practice in Brazil: overview A Q&A guide to arbitration law and practice in Brazil. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Jun-2012 |
| 16 | Arbitration procedures and practice in Indonesia: overview A Q&A guide to arbitration law and practice in Indonesia. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Jun-2012 |
| 17 | Arbitration procedures and practice in Malta: overview A Q&A guide to arbitration law and practice in Malta. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Jun-2012 |
| 18 | Arbitration procedures and practice in Sweden: overview A Q&A guide to arbitration law and practice in Sweden. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Jun-2012 |
| 19 | Arbitration procedures and practice in Turkey: overview A Q&A guide to arbitration law and practice in Turkey. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Jun-2012 |
| 20 | Arbitration procedures and practice in United States: overview A Q&A guide to arbitration law and practice in the United States. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Jun-2012 |
| 21 | Anti-enforcement injunctions: an alternative to anti-suit ... It may be very difficult, if not impossible, to obtain an anti-suit injunction preventing a party from commencing or continuing proceedings before another court (or arbitral tribunal), in order to enforce an arbitration agreement. An alternative to the anti-suit injunction is the anti-enforcement injunction: an order enjoining a party to an arbitration agreement from enforcing an award or a court judgment. This article considers both anti-suit injunctions and anti-enforcement injunctions, including: anti-suit injunctions issued by state courts; anti-suit injunctions issued by arbitral tribunals; and a review of the anti-enforcement injunctions as a variant of anti-suit injunction. This article is part of the PLC Arbitration multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 22 | Arbitration procedures and practice in Australia: overview A Q&A guide to arbitration law and practice in Australia. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 23 | Arbitration procedures and practice in Austria: overview A Q&A guide to arbitration law and practice in Austria. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 24 | Arbitration procedures and practice in Canada: overview A Q&A guide to arbitration law and practice in Canada. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 25 | Arbitration procedures and practice in China: overview A Q&A guide to arbitration law and practice in China. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 26 | Arbitration procedures and practice in Egypt: overview A Q&A guide to arbitration law and practice in Egypt. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 27 | Arbitration procedures and practice in France: overview A Q&A guide to arbitration law and practice in France. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 28 | Arbitration procedures and practice in Germany: overview A Q&A guide to arbitration law and practice in Germany. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 29 | Arbitration procedures and practice in Hungary: overview A Q&A guide to arbitration law and practice in Hungary. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 30 | Arbitration procedures and practice in India: overview A Q&A guide to arbitration law and practice in India. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 31 | Arbitration procedures and practice in Italy: overview A Q&A guide to arbitration law and practice in Italy. The Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 32 | Arbitration procedures and practice in Japan: overview A Q&A guide to arbitration law and practice in Japan. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 33 | Arbitration procedures and practice in Lithuania: overview A Q&A guide to arbitration law and practice in Lithuania. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 34 | Arbitration procedures and practice in Russian Federation ... A Q&A guide to arbitration law and practice in the Russian Federation. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 35 | Arbitration procedures and practice in South Africa: overview A Q&A guide to arbitration law and practice in South Africa. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 36 | Arbitration procedures and practice in Switzerland: overview A Q&A guide to arbitration law and practice in Switzerland. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 37 | Arbitration procedures and practice in UK (England and Wales ... A Q&A guide to arbitration law and practice in the UK (England and Wales). The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 38 | Enforceability of arbitral awards The table below provides a high-level summary of the enforceability of arbitral awards in 26 jurisdictions across the globe. This table is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 39 | Mandatory arbitration, class proceedings and access to justice This article examines the recent decisions of the US Supreme Court and the Supreme Court of Canada on the enforceability of mandatory arbitration clauses in consumer contracts. In reaching their decision both courts purported to protect the same policy objectives, but arrived at somewhat different conclusions. The article discusses the issues raised by the cases, the reasoning behind each court's decision and the possible effect the rulings may have on future arbitrations. This article is part of the PLC Arbitration multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 40 | The new CIETAC arbitration rules: how they measure up This chapter outlines how the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules 2012 differ from the previous rules governing CIETAC, and considers the practical implications of the changes. This article is part of the PLC Arbitration multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg. | Articles | 01-Mar-2012 |
| 41 | United States: arbitration round-up 2011/2012 An article highlighting the key arbitration-related developments in the United States in 2011/2012. | Articles | 02-Feb-2012 |
| 42 | Singapore: arbitration round up 2010/2011 An article highlighting the key arbitration related developments in Singapore in 2010/2011. | Articles | 02-Feb-2011 |
| 43 | United States: arbitration round up 2010/2011 An article highlighting the key arbitration related developments in the US in 2010/2011. | Articles | 02-Feb-2011 |
| 44 | Witness evidence: flawed recollection | Articles | 10-Nov-2010 |
| 45 | Witness evidence: would I lie to you? | Articles | 07-Oct-2010 |
| 46 | Insolvency in international arbitration: a growing concern An examination of the impact of an insolvent respondent in an arbitration. | Articles | 28-Jan-2009 |
| 47 | Arbitration: litigation by another name? An examination of the differences between arbitration and litigation and the particular advantages that arbitration offers. | Articles | 25-Jan-2007 |
| 48 | Managing electronic disclosure: part two As electronic documents replace hard copy as the documentary foundation of court proceedings, companies are increasingly required to undertake complex electronic disclosure exercises. This article, the second in a two-part feature, sets out how large companies can best prepare for and manage such exercises. See www.practicallaw.com/6-204-1350 for the first part of this feature, which outlines the law governing electronic disclosure in a number of jurisdictions as well as the obligations on parties to existing or contemplated litigation. | Articles | 04-Oct-2006 |
| 49 | Managing electronic disclosure: part one This two-part article identifies the challenges facing companies as they attempt to manage disclosure exercises dealing predominantly with electronic material and provides practical guidance for in-house counsel in preparing for and overseeing the electronic disclosure process. | Articles | 17-Aug-2006 |
| 50 | The arbitration elite: in a league of their own This article reveals PLCWhich lawyer?'s top 20 arbitration specialists and examines the ever expanding nature of the work they undertake. | Articles | 14-Jun-2006 |
| 51 | Procedural issues in international arbitration: a cultural ... Given that there is no single system governing procedure in international arbitration, the practices of different legal systems can often play an important role in determining how a hearing is conducted. This article considers a number of the main procedural differences that can arise in an international arbitration and provides some practical guidance on how to manage these differences, as well as considering whether the arbitral process as a whole is becoming skewed towards US-style litigation. | Articles | 15-Mar-2005 |
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| 1 | Proposal to modernise the Netherlands Arbitration Act ... On 16 April 2013, the Minister of Justice presented a draft amendment of the Netherlands Arbitration Act to Parliament. | Legal Update: archive | 24-Apr-2013 |
| 2 | PwC and Queen Mary 2013 International Arbitration Survey PwC and Queen Mary School of International Arbitration have published their 2013 International Arbitration Survey on industry perspectives on international arbitration. | Legal Update: archive | 17-Apr-2013 |
| 3 | Revised Admiralty and Commercial Courts Guide: arbitration ... The Admiralty and Commercial Courts Guide was revised on 28 March 2013. The amendments affect claims made under the Arbitration Act 1996. | Legal Update: archive | 02-Apr-2013 |
| 4 | Fifth Circuit invokes judicial estoppel to grant interlocutory ... The US Court of Appeals for the Fifth Circuit has reversed a District Court’s denial of an interlocutory discovery request for an ancillary non-domestic arbitration proceeding, based on equitable considerations of judicial estoppel. | Legal Update: archive | 28-Feb-2013 |
| 5 | Case study: application to remove arbitrator under English ... We have published a case study which provides an example of an application to the English court for an order removing an arbitrator under section 24 of the English Arbitration Act 1996. | Legal Update: archive | 26-Feb-2013 |
| 6 | Article on QMUL 2012 International Arbitration Survey This article summarises the results of the QMUL 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process. | Legal Update: archive | 07-Nov-2012 |
| 7 | Third party funding for international arbitration claims We have published a practice note and checklist on third party funding for international arbitration claims. | Legal Update: archive | 12-Sep-2012 |
| 8 | Arbitral tribunal must only take suitable and relevant evidence PD Dr. Nathalie Voser (Partner) and Hannah Boehm (Associate), Schellenberg Wittmer (Zurich) In a German language decision dated 31 May 2012 and published on 21 June 2012, the Swiss Supreme Court emphasised that an arbitral tribunal is not obliged to consider further evidence if it anticipates that the additional evidence could not affect its findings or if the evidence is clearly irrelevant or unsuitable to prove the facts in question. | Legal Update: archive | 02-Aug-2012 |
| 9 | Ask the team: Can I set a deadline for the tribunal's production ... An Ask the team article on the options open to parties who wish to set a time limit for the production of the arbitral award. | Legal Update: archive | 01-Aug-2012 |
| 10 | Court of Appeals holds that private arbitral tribunal is a " ... Abby Cohen Smutny (Partner) and Lee A. Steven (Counsel), Leah Witters (Associate) and Daniel Hickman (Associate), White & Case LLP The Eleventh Circuit Court of Appeals has upheld a district court’s grant of an application to obtain discovery under 28 U.S.C. § 1782 for arbitral proceedings in Ecuador, holding that the arbitral tribunal at issue is a foreign tribunal within the scope of section 1782. | Legal Update: archive | 05-Jul-2012 |
| 11 | Hong Kong: new class action regime The Law Reform Commission of Hong Kong has recommended the introduction of a class action regime in Hong Kong. | Legal Update: archive | 05-Jul-2012 |
| 12 | Article on third party funding in international arbitration PLC has published an article which provides an overview of third party funding in arbitration claims, and considers its advantages and disadvantages. (Free access.) | Legal Update: archive | 03-Jul-2012 |
| 13 | QMUL 2013 international arbitration survey: an industry ... The School of International Arbitration at Queen Mary, University of London has invited responses to its 2013 International Arbitration Survey. | Legal Update: archive | 03-Jul-2012 |
| 14 | Swedish Supreme Court orders production of documents ... Olof Rågmark, Partner, Advokatfirman Delphi, Stockholm On 10 May 2012, the Swedish Supreme Court issued an order for production of documents against a third party which was not a party to the arbitration. The court emphasised the essential role of the arbitral tribunal in assessing whether or not a disclosure order is justified. | Legal Update: archive | 31-May-2012 |
| 15 | Practice note on ethical issues for counsel in international ... We have published a practice note that considers the issues that can arise from duties of professional conduct owed by counsel in an international arbitration. Free access. | Legal Update: archive | 16-May-2012 |
| 16 | Higher Regional Court of Munich decision on violation of right ... Stephan Wilske (Partner) and Claudia Krapfl (Associated Partner), Gleiss Lutz In a decision by the Higher Regional Court of Munich dated 14 November 2011, but only recently published, the court held that an arbitral tribunal does not violate the right to be heard if it relies on evidence by a party-appointed expert without appointing a tribunal-appointed expert. As long as the reasoning in the award shows that the arbitral tribunal evaluated the evidence of both party-appointed experts, and gives reasons for why it decided to rely on the evidence of one of the party-appointed experts, the right to be heard will not be violated. | Legal Update: archive | 03-Apr-2012 |
| 17 | District Court denies request for assistance in producing ... Abby Cohen Smutny (Partner) and Lee A. Steven (Counsel), Leah Witters (Associate), White & Case LLP The United States District Court for the District of Columbia has denied a request for assistance in producing documents for a French proceeding, where the party from whom the documents were requested could not be found in the District of Columbia and there were more efficient ways to obtain the documents. | Legal Update: archive | 01-Dec-2011 |
| 18 | Service of arbitration claim form out of jurisdiction on related ... In BNP Paribas SA v Open Joint Stock Company Russian Machines and another [2011] EWHC 308 (Comm), Blair J considered various issues relating to the service out of the jurisdiction of an arbitration claim form seeking anti-suit injunctive relief. | Legal Update: archive | 30-Nov-2011 |
| 19 | District Court denies request for judicial assistance with ... Abby Cohen Smutny (Partner) and Lee A. Steven (Counsel), Leah Witters (Associate), White & Case LLP The United States District Court for the District of South Carolina has decided to not exercise its discretion to require a party to produce documents and participate in a deposition for a foreign arbitral proceeding where the parties produced no "authoritative proof" that the tribunal would be receptive of US judicial assistance. | Legal Update: archive | 03-Nov-2011 |
| 20 | Arbitration multi-jurisdictional guide: confidentiality of ... An update on the PLC Arbitration multi-jurisdictional guide, which answers key questions on arbitration law from the perspective of practitioners in 22 jurisdictions. | Legal Update: archive | 02-Nov-2011 |
| 21 | Practice note on LCIA India arbitration PLC Arbitration has published a new Practice note, LCIA India arbitration: a step-by-step guide, authored by Stephenson Harwood and the Registrar of LCIA India. The note sets out the usual steps in an LCIA India arbitration, providing links to relevant rules and practical guidance. (Free access.) | Legal Update: archive | 21-Jun-2011 |
| 22 | Quick guide on document production in international ... PLC Arbitration's Quick guide, Document production in international arbitration has been updated to reflect information contained in the PLC Cross-Border Arbitration Handbook 2011-12. (Free access). | Legal Update: archive | 15-Jun-2011 |
| 23 | Svea Court of Appeal orders production of documents relating ... Karin Ståhlbröst (Senior Associate), Delphi On 9 March 2011, the Svea Court of Appeal in Stockholm ordered a company to produce documents in an ongoing arbitration in spite of the fact that the documents related to “commercial secrets” (trade secrets). The Court of Appeal held that the arbitrators’ assessment of the documents being relevant as evidence was vital for determining whether there were extraordinary reasons for disclosure. | Legal Update: archive | 05-May-2011 |
| 24 | Polish arbitration moot and conference on confidentiality in ... Wojciech Sadowski (Of Counsel) and Tomasz Sychowicz (Junior Associate), K&L Gates, Warsaw On 10 and 11 February 2011 Warsaw University hosted the third Warsaw pre-moot for the 18th Willem C. Vis international arbitration moot, which was followed by a conference on the confidentiality of arbitration. | Legal Update: archive | 02-Mar-2011 |
| 25 | Swiss Supreme Court confirms time limit for petition to set ... PD Dr. Nathalie Voser (Partner) and Aileen Truttmann (Associate), Schellenberg Wittmer (Zurich) In two French-language decisions dated 12 January 2011 and published on 16 February 2011, the Swiss Supreme Court dismissed two petitions to set aside an award by the Court of Arbitration for Sport (CAS). The Supreme Court held that the petitions, filed more than thirty days after the receipt of a fax copy of the award, were timely as the time period only started running from the receipt of the award by registered mail. | Legal Update: archive | 02-Mar-2011 |
| 26 | Swiss Supreme Court holds that principle of ne bis in idem ... PD Dr. Nathalie Voser (Partner) and Sonja Stark-Traber (Associate), Schellenberg Wittmer (Zurich) In two French-language decisions dated 3 January 2011 and published on 16 February 2011, the Swiss Supreme Court rejected two appeals against decisions rendered by the Court of Arbitration for Sport (CAS) in the doping case of Spanish cyclist Alejandro Valverde Belmonte. The Supreme Court denied, inter alia, that the arbitral tribunal had been improperly constituted when rendering its award and that it violated the principle of ne bis in idem, which was held to form part of public policy. | Legal Update: archive | 02-Mar-2011 |
| 27 | CEDR launches sample directions for rules on settlement in ... CEDR has published sample directions to accompany the CEDR Rules for the Facilitation of Settlement in International Arbitration. | Legal Update: archive | 21-Dec-2010 |
| 28 | Article on witness evidence Publication of Allen & Overy LLP's Article, Witness evidence: flawed recollection. | Legal Update: archive | 10-Nov-2010 |
| 29 | Court has no power to order pre-arbitration discovery Nicholas Peacock (Partner) and Chris Ross (Senior Associate), Herbert Smith LLP In a decision dated 22 April 2010 but only recently published, the Singapore High Court has held that it has no power to grant discovery prior to the commencement of arbitration. | Legal Update: archive | 03-Nov-2010 |
| 30 | Practice note on arbitrating under the UNCITRAL Rules 2010 Publication of Practice note, Arbitrating under the UNCITRAL Rules 2010. | Legal Update: archive | 27-Oct-2010 |
| 31 | California District Court grants 28 USC § 1782 application in ... Abby Cohen Smutny (Partner) and Lee A. Steven (Counsel), Lauren Mandell (Associate), White & Case LLP The District Court for the Northern District of California has granted the latest application for discovery of evidence under 28 U.S.C. § 1782 for use in the ongoing UNCITRAL arbitration between the Republic of Ecuador and Chevron Corporation. | Legal Update: archive | 29-Sep-2010 |
| 32 | Quick guide on document production in international ... Publication of a quick guide on document production in international arbitration. | Legal Update: archive | 14-Sep-2010 |
| 33 | DC District Court exercises discretion to deny Section 1782 ... Abby Cohen Smutny (Partner) and Lee A. Steven (Counsel), Lauren Mandell (Associate), White & Case LLP The District Court for the District of Columbia has declined to order discovery in an ICSID arbitration pursuant to 28 U.S.C. § 1782, which allows a court to order discovery "for use in a proceeding in a foreign or international tribunal." | Legal Update: archive | 01-Sep-2010 |
| 34 | UNCITRAL Arbitration Rules 2010: key changes Key amendments introduced by the UNCITRAL Arbitration Rules 2010. | Legal Update: archive | 09-Aug-2010 |
| 35 | SDNY affirms that 28 USC 1782 applications extend to ... Abby Cohen Smutny (Partner) and Lee A. Steven (Counsel), Lauren Mandell (Associate), Stephanie Early (Associate), White & Case LLP The District Court for the Southern District of New York has affirmed that 28 USC 1782, a statute that authorises US courts to order discovery of evidence for use by a "foreign or international tribunal", extends to investment treaty arbitrations. | Legal Update: archive | 02-Jun-2010 |
| 36 | IBA Council adopts revised rules on the taking of evidence An update on the International Bar Association's revised Rules on the Taking of Evidence in International Arbitration. | Legal Update: archive | 01-Jun-2010 |
| 37 | District Court declines to order non-party discovery Abby Cohen Smutny (Partner) and Lee A. Steven (Counsel), Lauren Mandell (Associate), White & Case LLP On 3 March 2010, the District Court for the Northern District of Texas ruled that an arbitrator may not order document production from a non-party apart from doing so in connection with the attendance of the non-party at an arbitration hearing. | Legal Update: archive | 30-Mar-2010 |
| 38 | Svea Court of Appeal orders party to produce source code ... Sverker Bonde (Advokat and Senior Associate) and Julia Hedbäck (Intern), Delphi On 23 March 2010, the Svea Court of Appeal in Stockholm ordered a company to produce source code files in arbitration proceeding even though they related to trade secrets. The Court of Appeal considered that there were strong reasons in favour of disclosing the files since the defendant based its claim on the files. | Legal Update: archive | 30-Mar-2010 |
| 39 | Madrid court holds that 24 hours notification for a hearing is ... Alejandro López Ortiz (Senior Associate) and Silvia Martínez (Junior Associate), Lovells LLP In Judgment 310/2009 of 30 April 2009, only recently published, the Court of Appeal of Madrid held that the notification of a hearing given to a party only 24 hours before it was held was not enough time for the party to ensure its attendance and prepare it in conditions that can guarantee its due process rights. | Legal Update: archive | 04-Feb-2010 |
| 40 | CEDR publishes rules on settlement in international ... An update on the CEDR Rules for the Facilitation of Settlement in International Arbitration. | Legal Update: archive | 02-Dec-2009 |
| 41 | New Practice note on disclosure of electronic documents in ... Publication of a new Practice note, Disclosure of electronic documents in international arbitration. | Legal Update: archive | 17-Nov-2009 |
| 42 | Seventh Circuit issues ruling regarding confidentiality ... Daniel J. Leffell (Partner), Marc Falcone (Partner) and Jeffrey D. Kleinman (Associate), Paul, Weiss, Rifkind, Wharton & Garrison LLP The United States Court of Appeals for the Seventh Circuit has affirmed a district court decision enforcing a subpoena for certain documents relating to an arbitration award. The court rejected the defendant's argument that it could not produce the documents due to the existence of a confidentiality agreement. | Legal Update: archive | 02-Oct-2009 |
| 43 | US courts interpret the scope of 28 USC § 1782 Daniel J. Leffell (Partner), Marc Falcone (Partner) and Jeffrey D. Kleinman (Associate), Paul, Weiss, Rifkind, Wharton & Garrison LLP In a number of recent rulings, US courts have interpreted the scope of 28 U.S.C. § 1782, which authorises federal courts to order the production of evidence or documents for use in a "proceeding in a foreign or international tribunal." These rulings, which all resulted in dismissing §1782 applications, may suggest a growing trend towards narrowly interpreting the statute. | Legal Update: archive | 03-Sep-2009 |
| 44 | Ask the team: Can an ICC arbitration be terminated early? An "Ask the Team" concerning whether an ICC arbitration can be terminated on the basis that one of the parties has been injuncted from proceeding further with it. | Legal Update: archive | 27-Aug-2009 |
| 45 | International Institute for Conflict Prevention & Resolution ... Daniel J. Leffell (Partner), Marc Falcone (Partner) and Jeffrey D. Kleinman (Associate), Paul, Weiss, Rifkind, Wharton & Garrison LLP An update on the publication of Global Rules for Accelerated Commercial Arbitration by the International Institute for Conflict Prevention & Resolution. | Legal Update: archive | 26-Aug-2009 |
| 46 | CEDR's Commission on Settlement in International Arbitration ... An update on CEDR's Commission on Settlement in International Arbitration. | Legal Update: archive | 08-Apr-2009 |
| 47 | CEDR Commission launches consultation on settlement in ... An update on CEDR's Commission on Settlement in International Arbitration. | Legal Update: archive | 24-Feb-2009 |
| 48 | New arbitration protocol on disclosure of documents and ... An update on the publication of a new protocol on the disclosure of documents and presentation of witnesses in commercial arbitration. | Legal Update: archive | 27-Jan-2009 |
| 49 | New Practice note on dealing with witnesses in international ... Publication of Practice note, Dealing with witnesses in international arbitration. | Legal Update: archive | 07-Jan-2009 |
| 50 | New arbitration rules for the Court of Arbitration of Madrid An update on the new rules of arbitration of the Court of Arbitration of Madrid. | Legal Update: archive | 18-Dec-2008 |
| 51 | IBA rules on taking of evidence now available in Chinese An update on the publication of a Chinese version of the IBA Rules on the Taking of Evidence in International Commercial Arbitration. | Legal Update: archive | 03-Dec-2008 |
| 52 | New Practice note on arbitrating under the UNCITRAL Rules ... Publication of Practice note, Arbitrating under the UNCITRAL Rules. | Legal Update: archive | 07-Oct-2008 |
| 53 | CIArb issues Protocol for E-Disclosure in Arbitration An update on the Chartered Institute of Arbitrator's Protocol for E-Disclosure in Arbitration. | Legal Update: archive | 06-Oct-2008 |
| 54 | Survey on the IBA Rules on the Taking of Evidence The International Bar Association has circulated a survey on the IBA Rules on the Taking of Evidence in International Commercial Arbitration. A subcommittee, which is going to study how the rules are being applied and whether any revisions are necessary, is seeking feedback from the arbitration community and corporate counsel. To access the survey, please click here. The survey will close on 6 October 2008. The results of the survey will be discussed at the annual IBA Conference in Buenos Aires on 12-17 October 2008. Source: IBA | Legal Update: archive | 24-Sep-2008 |
| 55 | IBA to review Rules of Evidence The International Bar Association has announced a review of the Rules of Evidence in International Commercial Arbitration. A special subcommittee (headed by Richard Kreindler) will consider possible improvements, including amendments to address e-disclosure and investment treaty arbitration. The review is due to be completed by autumn 2009 to coincide with the 10th anniversary of the rules. The arbitration community will be surveyed via the IBA listserv and there will be an open forum at the IBA conference in Buenos Aires in October 2008. Source: Global Arbitration Review | Legal Update: archive | 12-Aug-2008 |
| 56 | ICDR guidelines on exchange of information in arbitration The international arm of the AAA, the International Centre for Dispute Resolution (ICDR), has published new guidelines on the exchange of information in international arbitrations. The guidelines aim to enhance the efficiency of arbitration by discouraging excessive document production. They also contain provisions addressing the disclosure of electronic documents. Unless the parties agree otherwise, the guidelines will be effective in all international cases administered by the ICDR and commenced after 31 May 2008. They may also be adopted, at the discretion of the tribunal, in pending cases, and are likely to be reflected in amendments incorporated into the next revision of the International Arbitration Rules. The guidelines are available on the AAA website. | Legal Update: archive | 14-May-2008 |
| 57 | Practice note on confidentiality in arbitration amended We recently reported on the Court of Appeal decision in Emmott v Michael Wilson Partnership [2008] EWCA Civ 184 (see Legal update, Confidentiality in arbitration.) The Practice note, Confidentiality in arbitration, has now been amended to take account of this important decision. | Legal Update: archive | 20-Mar-2008 |
| 58 | American Arbitration Association task force on electronic ... The American Arbitration Association (AAA) has established a task force on the exchange of documentary and electronic materials. The task force includes arbitration practitioners and corporate representatives and its objective is to seek consensus over document disclosure practices and ways in which tribunals handle electronic discovery. Jurisdictions take varying approaches to the extent of disclosure of documentary materials which can lead to different expectations among parties of their entitlement and obligations in terms of discovery. Moreover, the increased reliance on e-disclosure has significant implications for arbitral tribunals and parties. It is understood that the task force will seek to develop a protocol of best practice which will be put to a sounding board of experienced arbitrators drawn from the task force. Source: Global Arbitration Review | Legal Update: archive | 18-Jul-2007 |
| 59 | Chartered Institute of Arbitrators publishes guidelines on ... An internationally constituted committee of the CIArb has just published its "Guideline on the Interviewing of Prospective Arbitrators" following a wide international consultation. Hew E Dundas, President of the CIArb, comments: "... By following a recognised Guideline, the risk of failure or challenge is significantly reduced and parties can exercise due autonomy in choosing their arbitrator ... " The Guideline forms part of a set of Guidelines dealing with issues such as multi-party cases, jurisdictional issues and security for costs. The Guidelines are international in scope and cover a selected number of jurisdictions, both common and civil law and including Model Law jurisdictions. They are intended to be extremely practical and identify key areas where there may be a difference in approach between arbitrators in different jurisdictions. For further information see Practice note, selection of party-nominated arbitrators. Source: CIArb website | Legal Update: archive | 16-May-2007 |
| 60 | ICC techniques for controlling time and cost in arbitration As we recently highlighted (see Legal update: ICC to publish guidelines for reducing time and costs in arbitration) the ICC Commission on Arbitration has published a document entitled "Techniques for Controlling Time and Cost in Arbitration". The document, which was officially approved on 12 March 2007, was discussed and debated at an ICC UK conference on 27 March 2007, which was co-chaired by Chris Newmark (co-chair of the ICC Task Force on Arbitration) and Peter Wolrich (chair of the ICC Commission on Arbitration). The conference was attended by over 100 delegates, including barristers, solicitors, arbitrators and users of arbitration. | Legal Update: archive | 04-Apr-2007 |
| 61 | ICC to publish guidelines for reducing time and costs in ... In 2005 the ICC Commission on Arbitration created a Task Force to identify ways of effectively reducing time and costs in arbitration, particularly in complex cases. Even where parties agree to arbitrate under institutional rules, those rules will rarely set out detailed procedures for the conduct of the arbitration, for example in relation to document production, exchange of witness statements, expert reports and briefs. Whilst this flexibility allows the procedure to be tailor made to suit each dispute, it is important for the parties to identify and agree on the most suitable procedures as early as possible in the arbitration. The Task Force consulted with all National Committees and produced a document entitled "Techniques for Controlling Time and Cost in Arbitration". The document is understood to set out a range of techniques, both for arbitrators and for parties, which can be used to organise the proceedings and to control their duration and cost. Parties will be able to review the proposed techniques (which may be suitable for ICC or non-ICC arbitration) and adopt those which are most suited to their dispute. The ICC document will be launched and reviewed in depth at a one-day conference on Tuesday 27 March 2007, which will be chaired by Chris Newmark (co-chair of the Task Force) and by Peter Wolrich (chair of the ICC Commission on Arbitration). The conference is designed to provide an opportunity for discussion and comments from counsel, the ICC, arbitrato | Legal Update: archive | 21-Mar-2007 |
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| 1 | Application to remove arbitrator under section 24 Arbitration ... Drafting notes to accompany the claim form on an application for an order to remove an arbitrator under section 24 of the English Arbitration Act 1996. | Drafting Notes | Maintained |
| 2 | ICC (1998 Rules) provisional timetable: drafting note A drafting note to accompany an ICC (1998 Rules) provisional timetable. | Drafting Notes | Maintained |
| 3 | LCIA order for directions: drafting note A drafting note to accompany an LCIA order for directions. | Drafting Notes | Maintained |
| 4 | Preliminary Meeting agenda and submissions: drafting note Drafting notes to accompany the sample agenda and submissions for use at a preliminary meeting | Drafting Notes | Maintained |
| 5 | Specimen Redfern schedule: drafting notes Drafting notes to accompany the specimen Redfern schedule, used to create a record of requests for disclosure of documents in international arbitration. | Drafting Notes | Maintained |
| 6 | Specimen order for production of documents: drafting notes Drafting notes to accompany the specimen order for production of documents (also known as disclosure) in international arbitration. | Drafting Notes | Maintained |
| 7 | Swiss Supreme Court confirms standard for reviewing ... In an Italian language decision, the Swiss Supreme Court reconfirmed case law concerning the standard for review of an arbitrator's anticipatory assessment of evidence. | Legal Update: Case Report | 24-Apr-2013 |
| 8 | Swiss Supreme Court: challenging awards on ground of ... In French-language decision 4A_538/2012 of 17 January 2013, the Swiss Supreme Court provided clarification regarding the scope for challenging awards under the Swiss Private International Law Act (PILA) on the ground of improper constitution of the arbitral tribunal, as well as regarding the arbitrators' duty to warn parties before rendering an award based on an unexpected reasoning. | Legal Update: Case Report | 12-Mar-2013 |
| 9 | Disclosure of arbitration documents in court (Commercial ... In Westwood Shipping Lines Inc and another v Universal Schiffahrtsgesellschaft MBH and another [2012] EWHC 3837 (Comm), the court considered whether to allow the claimant to rely on documents used in an arbitration. | Legal Update: Case Report | 30-Jan-2013 |
| 10 | Singapore Court of Appeal restores awards on ground that ... Alastair Henderson (Partner) and Sean Izor (Associate), Herbert Smith LLP The Singapore Court of Appeal has reversed a decision of the High Court and thereby restored three arbitral awards that had previously been set aside. In doing so, the Court of Appeal clarified the circumstances in which matters are said to be within the "scope of the submission to arbitration" such that they may form the basis for an award, even if they are not specifically pleaded. | Legal Update: Case Report | 06-Sep-2012 |
| 11 | Supreme Commercial Court of Russia on consent award after ... Natalia Belomestnova (Senior Associate), Tatiana Zakharova (Junior Associate), Goltsblat BLP In June 2012, the Supreme Commercial Court of Russia issued a ruling (the full text of which only became available in August 2012) dealing with the competence of arbitrators to issue a consent award after the termination of arbitral proceedings. | Legal Update: Case Report | 06-Sep-2012 |
| 12 | Singapore High Court rules on confidentiality and allows ... Nicholas Peacock (Partner) and Chris Ross (Senior Associate), Herbert Smith LLP The Singapore High Court has allowed an application to amend a court order over an issue of confidentiality. The order which stated that a suit was to be heard "in camera" (in private) was amended to state that the suit was to be heard "otherwise than in open court". The court also allowed a redacted version of the judgment to be published, opining that the redacted judgment preserves the confidentiality of the related arbitration. | Legal Update: Case Report | 02-Feb-2011 |
| 13 | High Court has no jurisdiction to order pre-action disclosure in ... In Travelers Insurance Company Ltd v Countrywide Surveyors Ltd [2010] EWHC 2455 (TCC), the TCC considered whether it could order pre-action disclosure where there was an arbitration agreement in place. | Legal Update: Case Report | 06-Oct-2010 |
| 14 | In re the Republic of Ecuador, 2010 WL 3702427 (ND Cal. ... | External Resources | 15-Sep-2010 |
| 15 | Chapter 14 - Interest and foreign currency: their effect on ... This is a chapter from the Bloomsbury Professional book Litigation Support: The PricewaterhouseCoopers’ Guide to Forensic Analysis and Accounting Evidence, 5th Edition, which provides detailed coverage on forensic accounting and financial analysis in dispute resolution. Fully updated to all the latest information on this complex area, the book is split into two sections. Part one provides a detailed insight into the way forensic accountants apply their skills to a variety of different types of litigation and dispute cases and will be relevant to those instructing expert accountants as well as practicising accounting experts. Part two serves as a general introduction to the process of dispute resolution through the Courts, arbitration and other available forms of resolution. The editors and other contributors have acted as experts and advisers in a wide variety of commercial disputes. This book reflects their experience and insight and provides all the relevant background information that a practitioner requires from High Court procedures and court etiquette to the role and responsibilities of the expert witness under the Civil Procedure Rules. Chapter 4, the index and the table of contents are FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books online. | | 01-Dec-2009 |
| 16 | Chapter 19 - Arbitration and other forms of alternative dispute ... This is a chapter from the Bloomsbury Professional book Litigation Support: The PricewaterhouseCoopers’ Guide to Forensic Analysis and Accounting Evidence, 5th Edition, which provides detailed coverage on forensic accounting and financial analysis in dispute resolution. Fully updated to all the latest information on this complex area, the book is split into two sections. Part one provides a detailed insight into the way forensic accountants apply their skills to a variety of different types of litigation and dispute cases and will be relevant to those instructing expert accountants as well as practicising accounting experts. Part two serves as a general introduction to the process of dispute resolution through the Courts, arbitration and other available forms of resolution. The editors and other contributors have acted as experts and advisers in a wide variety of commercial disputes. This book reflects their experience and insight and provides all the relevant background information that a practitioner requires from High Court procedures and court etiquette to the role and responsibilities of the expert witness under the Civil Procedure Rules. Chapter 4, the index and the table of contents are FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books online. | | 01-Dec-2009 |
| 17 | Chapter 2 - Loss of profits: how to calculate them This is a chapter from the Bloomsbury Professional book Litigation Support: The PricewaterhouseCoopers’ Guide to Forensic Analysis and Accounting Evidence, 5th Edition, which provides detailed coverage on forensic accounting and financial analysis in dispute resolution. Fully updated to all the latest information on this complex area, the book is split into two sections. Part one provides a detailed insight into the way forensic accountants apply their skills to a variety of different types of litigation and dispute cases and will be relevant to those instructing expert accountants as well as practicising accounting experts. Part two serves as a general introduction to the process of dispute resolution through the Courts, arbitration and other available forms of resolution. The editors and other contributors have acted as experts and advisers in a wide variety of commercial disputes. This book reflects their experience and insight and provides all the relevant background information that a practitioner requires from High Court procedures and court etiquette to the role and responsibilities of the expert witness under the Civil Procedure Rules. Chapter 4, the index and the table of contents are FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books online. | | 01-Dec-2009 |
| 18 | Intel Corp. v Advanced Micro Devices, Inc., 542 US 241 (2004) | External Resources | 21-Jun-2004 |