Commencing an Arbitration

A step-by-step guide to running an arbitration under the HKIAC Administered Arbitration Rules, from preliminary steps to post-award.

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.

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.

A step-by-step guide to running an ICC arbitration, from preliminary steps to post-award, under the ICC Arbitration Rules 2012.

A Practice Note describing the necessary steps for conducting arbitration under the rules of the International Centre for Dispute Resolution.

This note sets out the usual steps in a London Court of International Arbitration (India) arbitration, providing links to relevant rules and practical guidance.

A brief overview of the minumum procedural standards that apply in international arbitration and the relevant sources of law.

This note sets out the usual steps in a Singapore International Arbitration Centre (SIAC) arbitration, providing links to relevant rules and practical guidance.

An example covering letter for an Answer to Notice of Arbitration under the HKIAC Administered Arbitration Rules.

An example covering letter for a Notice of Arbitration under the HKIAC Administered Arbitration Rules.

This document is available in MS Word format. Click here to view it.

This document is available in MS Word format. Click here to view it.

This case study illustrates the commencement of an ICC arbitration (1998 Rules). It offers guidance on both: How to draft and file a Request for Arbitration. How to respond to the Request with an Answer, and (where appropriate), how to file a counterclaim.

This is an example covering letter to the ICC Secretariat, enclosing the Answer to a Request for Arbitration under the ICC Rules 2012. This document is available in MS Word format. Click here to view it.

This is an example covering letter to the ICC Secretariat, enclosing a Request for Arbitration under the ICC Rules 2012. This document is available in MS Word format. Click here to view it.

A Request for Arbitration under the LCIA Rules. Click here to view it.

Response to Request for Arbitration under the LCIA Rules, including counterclaim. Click here to view it.

This case study illustrates how to commence an arbitration under the LCIA rules. It provides guidance on: How to draft and file a Request for arbitration. How to respond to the Request with a Response, including (where appropriate) a counterclaim.

This is an example Statement of Defence and Counterclaim under the Arbitration Rules of the Singapore International Arbitration Centre and is available in MS Word format. Click here to view it.

This is an example covering letter to the Singapore International Arbitration Centre Registrar (SIAC), enclosing a Notice of Arbitration under the Arbitration Rules of the SIAC. This document is available in MS Word format. Click here to view it.

This is an example Response to Notice of Arbitration under the Arbitration Rules of the Singapore International Arbitration Centre and is available in MS Word format. Click here to view it.

This case study provides a worked example of the commencement of an international arbitration under the Arbitration Rules of the Singapore International Arbitration Centre. The case study consists of a Notice of Arbitration, together with a drafting note and a covering letter.

Click here to access a pdf version of this form.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

An examination of developments in international arbitration over the last five years in some of the key jurisdictions across the globe.

A consideration of the practical aspects of being involved in an international arbitration.

The School of International Arbitration at Queen Mary, University of London has published its 2012 international arbitration survey on current and preferred practices in the arbitral process. The survey was sponsored by White & Case LLP.

The Law Reform Commission of Hong Kong has recommended the introduction of a class action regime in Hong Kong.

PLC Arbitration has published a practice note on extending time for commencing arbitration.

PLC Arbitration has published a new Practice note, A guide to the CIETAC Arbitration Rules and an accompanying flowchart on China International Economic and Trade Arbitration Commission (CIETAC) arbitration, authored by Herbert Smith LLP. The resources explain and set out the usual steps in a CIETAC arbitration.

Publication of Practice note, Arbitrating under the UNCITRAL Rules 2010.

An update on SOS Corporación Alimentaria, SA and another v Inerco Trade SA [2010] EWHC 162 (Comm), which concerned an application to extend time under section 12 of the Arbitration Act 1996.

Publication of a case study on commencing LCIA arbitration.

Drafting note to accompany the Notice of Arbitration under the HKIAC Administered Arbitration Rules in Case study, Commencing HKIAC Arbitration.

These are drafting notes to accompany the example Request for Arbitration under the ICC Rules 2012.

Drafting notes to accompany the Response to a Request for LCIA arbitration.

These are drafting notes to accompany the example Notice of Arbitration under the arbitration rules of the Singapore International Arbitration Centre.

These are drafting notes to accompany the example Statement of Claim under the Arbitration Rules of the Singapore International Arbitration Centre.

An update on Lantic Sugar Limited and Copersucar Trading AVV v Baffin Investments Limited [2009] EWHC 3325 (Comm), in which the court considered whether arbitration proceedings had been commenced in time and, if not, whether time for commencement should be extended.

In Emmott v Wilson & Partners Limited [2008] EWCA Civ 184, the claimant (C) applied to the court for an order permitting the disclosure of documents which had been generated in an arbitration in London, to the courts of New South Wales (NSW) and the British Virgin Islands (BVI). In the London arbitration the defendant (D) had originally made claims of fraud against the claimant but had subsequently withdrawn them. In the proceedings in NSW and the BVI, which were essentially based on the same facts, D advanced claims against C's colleagues which included allegations that C was guilty of fraud, but did not join C as a defendant. At first instance the order for disclosure was granted and D appealed. The Court of Appeal dismissed the appeal. Case law has developed an implied obligation on parties not to disclose documents created or prepared or used in an arbitration. However, there are exceptions to this obligation. In this case, without being informed of the London arbitration, there was a danger the foreign courts would be misled. Disclosure was therefore required in the interests of justice. The case adds to the ever evolving case law on issues of confidentiality and privacy in arbitrations. The court was keen to stress that limits of confidentiality in arbitration should not obscure the fact that most arbitrations in England are conducted with complete confidentiality. Nevertheless, it is interesting to note that this case goes further than any previous authority