Arbitrator Definition

GLOSSARY

Published by a ��˾��ҹ�� Arbitration expert

What does Arbitrator mean?

A person appointed by or on behalf of the parties to an arbitration to resolve their dispute. An arbitrator may be the sole arbitrator in an arbitration or may be one of a panel of arbitrators (generally, three).

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Completing the JCT 2016 Intermediate Building Contract Particulars—checklist

Completing the JCT 2016 Intermediate Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This Checklist...

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...

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...

LCAM Expedited Arbitration Rules (2022)

LCAM Expedited Arbitration Rules (2022) Background Several arbitral institutions and indeed even the UNCITRAL have in recent years developed expedited or fast track rules for low value disputes and for parties looking to avoid a lengthy arbitration process. Typically, these rules provide for the arbitral process to be conducted on a truncated timeline with a final award to be rendered within three or six months of commencement. For a general discussion on Expedited Rules, see Practice Note: Expedited (aka fast-track) arbitration. This note considers LCAM’s Expedited Arbitration Rules (the Expedited Rules), which have been in force since 1 September 2022, see Practice Note: LCIA (2020)—guidance on creation of a fast-track procedure. As Article 1.2 of the Expedited Rules state, they entail ‘…a complete stand-alone documents-only procedure for the resolution of disputes through arbitration by a sole arbitrator appointed by LCAM. The procedure administered by LCAM under the Rules is intended to be simple, expedited and cost effective’. The LCAM Expedited Rules stand out from the crowd in the following...

Discover our 656 Practice Notes on Arbitrator

Share purchase agreement—pro-buyer—corporate seller—conditional—long form

Share purchase agreement—pro-buyer—corporate seller—conditional—long form This Agreement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of selling corporate entity] incorporated in [England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Seller); 2 [Insert name of purchasing corporate entity] incorporated in England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Buyer), and 3 [Insert name of guarantor entity] incorporated in England and Wales OR [insert country of incorporation]] with registered number [insert company number] whose registered office is at [insert address] (the Guarantor) [(each of the Seller, the Buyer and the Guarantor being a Party and together the Seller, the Buyer and the Guarantor are the Parties).] Background (A) The Company (as defined below) is a private company limited by shares and is incorporated in [England and...

Articles of association—joint venture company—corporate real estate—deadlock (50:50)

Articles of association—joint venture company—corporate real estate—deadlock (50:50) Private Company Limited By Shares Articles of Association of [Insert name of company] Limited (Incorporated in England and Wales under registered no. [insert number]) (Adopted by Special Resolution passed on [insert date] 20[insert year]) 1 Model Articles 1.1 The Model Articles shall apply to the Company, except insofar as they are modified or excluded by these Articles or are inconsistent with these Articles, and, subject to any such modifications, exclusions or inconsistencies, shall together with these Articles constitute the articles of association of the Company to the exclusion of any other articles or regulations set out in any statute or in any statutory instrument or other subordinate legislation. 1.2 The whole of Model Articles 6(2) (committees), 7 (directors to take decisions collectively), 8 (unanimous decisions), 9(3) and 9(4) (calling a directors’ meeting), 11(2) and 11(3) (quorum for directors’ meetings), 12 (chairing of directors’ meetings), 13 (casting vote), 14(1–5) (conflicts of interest), 16 (directors’ discretion to make further rules), 17 (methods of appointing...

Dive into our 275 Precedents related to Arbitrator

A landlord and a tenant are in dispute about whether the tenant’s current use of the premises is permitted by the user clause in the lease. The landlord proposes to vary the user clause to reflect the tenant’s current use of the premises but the tenant opposes this because it believes that it is not in breach of the user clause and also because the variation could lead to an increase in rent upon review. Is this a dispute that could be referred to a professional arbitration on court terms expert or arbitrator?

A landlord and a tenant are in dispute about whether the tenant’s current use of the premises is permitted by the user clause in the lease. The landlord proposes to vary the user clause to reflect the tenant’s current use of the premises but the tenant opposes this because it believes that it is not in breach of the user clause and also because the variation could lead to an increase in rent upon review. Is this a dispute that could be referred to a professional arbitration on court terms expert or arbitrator? What is PACT? PACT stands for ‘professional arbitration on court terms’. It is a joint initiative of the Law Society and the Royal Institution of Chartered Surveyors. It provides a procedure which permits parties who wish to introduce a renewal lease under the Landlord and Tenant Act 1954 (LTA 1954) to submit the resolution of disputes concerning that renewal lease to an independent third party. The independent third party can act as an...

Does Part 11 of the CPR apply to Part 7 claims issued in the County Court Money Claims Centre (CCMCC)? If yes, if an Act requires compensation claims to be arbitrated, does Part 11 allow me to apply to have a declaration of the court if such a claim was issued under Part 7?

Does Part 11 of the CPR apply to Part 7 claims issued in the County Court Money Claims Centre (CCMCC)? If yes, if an Act requires compensation claims to be arbitrated, does Part 11 allow me to apply to have a declaration of the court if such a claim was issued under Part 7? CPR 11 CPR 11 concerns how a party may contest jurisdiction, either by arguing that the courts of England and Wales do not have jurisdiction to try a claim or by arguing that they should not exercise such jurisdiction because there is a more appropriate forum for the claim elsewhere (an argument on ‘non conveniens’ grounds). The purpose of having specific procedural rules is to avoid confusion regarding what steps will amount inadvertently to accepting jurisdiction, and to ensure that jurisdictional challenges are raised at an early stage. The procedure set out is that the party seeking to contest jurisdiction must first file an acknowledgment of service in accordance with CPR Part...

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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.

Indian Supreme Court clarifies circumstances in which a non-signatory may be joined in an arbitration (Ajay Madhusudan Patel v Jyotrindra S Patel)

Arbitration analysis: In deciding an application for the appointment of an arbitrator, the Indian Supreme Court provided helpful guidance as to the circumstances in which a non-signatory may be joined as a party to an arbitration. In the context of a multi-party dispute, the Supreme Court that the relationship of the non-signatory with one or more signatories as well as the participation of the non-signatory in the negotiation, performance and termination of the underlying contract were important factors that ought to be considered in order to determine whether the non-signatory had in fact consented to be a party to the arbitration agreement. The Supreme Court also held that in circumstances where issues of law and fact in making such a determination would likely be complex, the arbitral tribunal (and not the courts) should decide whether or not a non-signatory was in fact a party to the arbitration agreement. Written by Promod Nair, senior advocate at High Court of Karnataka.

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