Arbitral Tribunal Definition

GLOSSARY

/ˈɑːbɪtr(ə)l/ /trʌɪˈbjuːn(ə)l,trɪˈbjuːn(ə)l/

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What does Arbitral Tribunal mean?

The arbitrator(s) appointed on or behalf of the parties to an arbitration to resolve their dispute. A tribunal may consist of a sole arbitrator or a panel of arbitrators (generally, three).

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Checklist for arbitrators on the use of AI in international arbitration

Checklist for arbitrators on the use of AI in international arbitration This Checklist aims to set out the key steps for consideration by arbitrators when using artificial intelligence systems or when AI or when AI is used in arbitral proceedings. In view of the evolving nature of the technology and applicable laws, and regulations, please be mindful that this is a non-exhaustive list. The Checklist is meant to provide best practice guidance. Understanding AI Key points Notes Definition of AI Artificial intelligence is a computer systems’ ability to showcase human-like cognitive abilities (decision-making, planning, reasoning, knowledge representation, etc). IBM defines AI as ‘technology that enables computers and machines to simulate human learning, comprehension, problem solving, decision making, creativity and autonomy.’WIPO describes AI as a discipline of computer science that is aimed at developing machines and systems that can carry out tasks considered to require human intelligence. Machine learning and deep learning are two subsets of AI. In recent years, with the development of new neural network techniques and hardware,...

Preparing for a remote hearing in international arbitration—checklist

Preparing for a remote hearing in international arbitration—checklist When preparing for a remote (virtual) hearing in arbitration proceedings there are many logistical and practical considerations to be taken into account, planned and, often, budgeted for. This Checklist should help ensure the key aspects of a remote hearing have been considered in advance so the process runs as smoothly as possible. This Checklist refers to both fully-remote hearings (when all participants are appearing remotely) and hybrid hearings (when some of the participants are present at the same location while the others are appearing remotely). Where relevant, specific considerations in relation to those two forms of hearing are set out in this Checklist. While they can bear different meanings and some practitioners have preferences for one or the other, the terms remote and virtual are used interchangeably for the purposes of this Checklist. This Checklist contemplates the requirements of merits, rather than procedural, remote hearings, although some of the points made will be relevant to both hearing types. This Checklist assumes that...

Witness conferencing in arbitration

Witness conferencing in arbitration An introduction to witness conferencing in arbitration Witness conferencing (also known as ‘hot-tubbing’ or ‘concurrent evidence’) is a process of taking evidence where two or more fact or expert witnesses testify on common issues at the same time, which is increasingly common in international arbitration. When used properly, witness conferencing may save time and costs and lead to a more efficient determination of the merits of the case. However, if not used well, witness conferencing may complicate and confuse the parties’ positions as well as add unnecessary time and cost. As discussed below, either the arbitral tribunal or the parties may propose witness conferencing, and there is a significant amount of flexibility in how witness conferencing can be structured. Witness conferencing can be shaped to reflect the specific issues in dispute, the number of witnesses and the type of evidence being adduced. In some cases, witness conferencing may take place in addition to cross-examination of the witnesses by counsel. In others, it may be...

Swiss Rules (2021)—responding to a Notice of Arbitration (the Answer)

Swiss Rules (2021)—responding to a Notice of Arbitration (the Answer) The Swiss Rules of International Arbitration as revised on 1 June 2021 (the Swiss Rules), apply—unless otherwise agreed by the parties—to all arbitrations commenced on or after 1 June 2021 on the basis of an arbitration agreement referring either to the Swiss Rules or to the former rules of the chambers or organisations which joined the Swiss Rules or subjected their proceedings to the Swiss Rules. This Practice Note considers responding to a Note of Arbitration under the Swiss Rules. For guidance on the 2012 Swiss Rules, see: Swiss Rules arbitration—overview. Timing of the submission of an Answer to Notice of Arbitration An arbitration under the Swiss Rules administered by the Swiss Arbitration Centre (the SAC) is commenced by a Notice of Arbitration—see Practice Note: Swiss Rules (2021)—starting an arbitration. The respondent must submit an Answer to the Notice of Arbitration within 30 days of receiving the Notice of Arbitration (Swiss Rules, art 4.1) (the Answer). Official...

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Settlement agreement—arbitration

Settlement agreement—arbitration This settlement Agreement is made on [date] Parties 1 [Name of entity], a [type of entity] with [type of liability] incorporated under the laws of [jurisdiction] with its registered address at [address] and with company number [company number] (Party 1); and 2 [Name of entity], a [type of entity] with [type of liability] incorporated under the laws of [jurisdiction] with its registered address at [address] and with company number [company number] (Party 2), each a ‘Party’ and together the ‘Parties’. Recitals: (A) A dispute has arisen between the parties [add relevant detail to give context to the dispute] (the Dispute). (B) On [date], Party 1 commenced arbitration proceedings against Party 2 (the Arbitration). On [date], the tribunal (comprising [arbitrators]) was appointed (the Tribunal). (C) [Provide further background information available to give context to this Agreement, including a brief description of the Arbitration, the arbitration agreement, the rules/procedures governing the Arbitration, whether the Arbitration is being administered by an arbitral institution and the case...

ICC—Request for Arbitration

ICC—Request for Arbitration The Secretariat of the International Court of Arbitration International Chamber of Commerce [Address of an approved ICC office and by email to the relevant address for the office] [Date] Dear [ICC Secretariat], Request for Arbitration: [Party names] [Law firm case reference number] We enclose with this letter our Request for Arbitration under the 2021 ICC Rules of Arbitration (ICC Rules) [with accompanying documents] on behalf of [name of claimant party or parties] for whom we act. Please also find enclosed [the filing fee of US$ [X,XXX]. OR A filing fee of US$ [X,XXX] has been made by wire transfer with reference [insert reference].] [The Claimant requests, in accordance with article 4(4)(b) of the ICC Rules, that the Secretariat transmits the Request by delivery against receipt, registered post or courier. We enclose [number] of hard copies.] Kindly confirm receipt to [insert contact details including email]. Yours faithfully, [Name of claimant's counsel] IN THE MATTER OF AN ARBITRATION UNDER THE ARBITRATION RULES OF THE...

Dive into our 22 Precedents related to Arbitral Tribunal

If you demand/accept payment of rent prior to formal determination of breach of covenant in respect of a residential long lease, will that constitute waiver of the right to forfeit?

If you demand/accept payment of rent prior to formal determination of breach of covenant in respect of a residential long lease, will that constitute waiver of the right to forfeit? Procedure Statute limits a landlord’s right to forfeit (this includes service of a section 146 notice (section 146 of the Law of Property Act 1925)) a long residential lease for non-payment of: • rent • service charge, or • administrative charge If the property is: • occupied—court proceedings must be used as the landlord cannot forfeit by peaceable re-entry • unoccupied—court proceedings do not have to be used, as the landlord can peaceably re-enter, but must not use or threaten violence against anyone in the property Under section 81 of the Housing Act 1996, the landlord cannot forfeit for non-payment of service charge or administration charge unless the amount payable has been: • admitted by the tenant, or • finally determined by a court, First-tier Tribunal (Property Chamber), or arbitral tribunal Once the determination is made, although...

Would acceptance of service charge payments (which are not reserved as rent) prevent a landlord from forfeiting a long lease of a residential property?

Would acceptance of service charge payments (which are not reserved as rent) prevent a landlord from forfeiting a long lease of a residential property? Waiving the right to forfeit is doing or committing any act that expressly or impliedly recognises the continuing existence of the lease. A landlord will be waiving the right to forfeit if they have knowledge of the breach (which can be imputed from knowledge by their agent) and then recognise the lease as continuing. Once a right to forfeit has arisen, the landlord will need to elect whether to try to forfeit the lease, or whether to waive the breach and treat the lease as continuing. Certain express or implied acts of the landlord can amount to a waiver of the right to forfeit, if they are consistent with treating the lease as continuing. The central question therefore is whether or not acceptance of payment of service charge would amount to an acknowledgement that the lease is continuing. A waiver of the...

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Arbitration weekly highlights—17 October 2024

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from the English courts, from India, France, Singapore and the USA and from an ICSID trbunal and updates from the CJT, ELI, JAMS, AAA and ICDR, IISD, SCCA and UNUM. Also included is news of White & Case and Queen Mary University of London (QMUL) launching the sixth edition of their international arbitration survey, closing on 11 December 2024. All this, and more in our weekly highlights.

India—Delhi High Court rules on appointment of arbitrator by a High Court in an international commercial arbitration (Hala Kamel Zabal v Arya Trading Ltd and others)

Arbitration analysis: the Delhi High Court (Delhi HC) has held that the appointment of an arbitrator in an international commercial arbitration (ICA) by a High Court (instead of the Supreme Court) does not vitiate the arbitral award if the appointment was in accordance with the arbitration agreement. The Delhi HC explained that an arbitral award can be set aside under the (Indian) Arbitration and Conciliation Act, 1996 (A&C Act) if the composition of the arbitral tribunal was (a) not in accordance with the arbitration agreement, and (b) the arbitration agreement was in conflict with a non-derogable provision of the A&C Act. The Delhi HC noted that Section 11(6) of the A&C Act, which requires the Supreme Court to appoint an arbitrator in an ICA, is a derogable provision. Hence, non-compliance with the procedure for appointment under Section 11(6) does not constitute a ground for setting aside the award. Written by Adimesh Lochan (member) and Vyapak Desai (head) of the International Dispute Resolution and Investigations Practice at Nishith Desai Associates.

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