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View the related checklists about Commercial arbitration

Pre-hearing considerations in arbitration proceedings—checklist

Pre-hearing considerations in arbitration proceedings—checklist When preparing for an in-person hearing in arbitration proceedings there are many logistical and practical considerations that need to be taken into account, planned and, often, budgeted for. This Checklist should help ensure the key aspects of a hearing have been considered in advance so that the process runs as smoothly as possible. This Checklist is not intended to be exhaustive, and does not, for example, address the numerous legal issues that may be pertinent in advance of and during an arbitration hearing. This Checklist contemplates the requirements of in-person merits, rather than in-person procedural, hearings, although some of the points will be relevant to both hearing types. It also assumes that private practitioners will play a central role in pre-hearing preparations, which may not always be the case. Some of the matters considered in the Checklist will be organised by one or more parties for the benefit of all parties (eg transcription or interpretation services), and so it...

Arbitration—IP completion day—checklist [Archived]

Arbitration—IP completion day—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. This Checklist considers the impact of Brexit on commercial arbitration law and practice in England and Wales after IP completion day, ie the end of the transition or implementation period provided for in Article 126 of the Withdrawal Agreement 2020 which began on exit day (ie 11 pm on 31 January 2020, as defined in section 20 of the European Union (Withdrawal) Act 2018) and ends on IP completion day. IP completion day is defined as 31 December 2020 at 11 pm (pursuant to section 39 of the European Union (Withdrawal Agreement) Act 2020). On 24 December 2020, the European Commission and UK government announced an agreement in principle on the legal terms of the future EU-UK relationship. The Trade and Cooperation Agreement (TCA), and associated agreements, were agreed at the eleventh hour, leaving little time to put in place the necessary legal and practical arrangements to make the deal fully operational on 1 January...

View the related practice notes about Commercial arbitration

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...

Pakistan FDI control

Pakistan FDI control A conversation with Mr. Sarjeel Mowahid, Partner, Ms. Humail Atiq, Associate of ABS & CO on key issues on FDI control in Pakistan. 1. What is the applicable legislation? Pakistan is a federation whereby certain subjects are devolved to the competence of the provinces, while others are retained under the legislative competence of the federal government. As of passing of the 18th Amendment of the Constitution of 1973, there is a federal legislative list which covers the subjects on which the federal government is competent to legislate, while other subjects shall be legislated upon by the provinces. It may be noted that the scope of the article is limited to the overall investment regime applicable to foreign investors, with a primary focus on federal legislation. Sectoral and provincial laws may be applicable in addition to the laws mentioned below, and it is pivotal that professional advice is sought with regards to the nature of the investment being made. Regardless, the main laws are as follows: •...

View the related precedents about Commercial arbitration

Vendor Managed Inventory Agreement

Vendor Managed Inventory Agreement This Vendor Managed Inventory Agreement (the "Agreement") is entered into on [[date]] (the "Effective Date") by and between [[name of vendor/supplier/manufacturer]] a [[type of entity, e.g., corporation]] organized and existing under the laws of [[state]] ("Vendor"), and [[name of buyer/customer]] a [[type of entity, e.g., corporation]] organized and existing under the laws of [[state]] ("Customer"). Vendor and Customer are sometimes individually referred to herein as a "Party" and collectively as the "Parties". WHEREAS, Vendor is in the business of the development, manufacture and sale of [[description of applicable products]] (the "Products"), and provides management services for customer inventory with respect to its Products. Alternate Clause to First Whereas Clause: Vendor is engaged in the design, development, manufacture and sale of [[description of applicable products (the "Products")]] and provides management services for customer inventory with respect to its Products. Vendor desires to facilitate the ready availability of the Products in order that Customer may sell the Products and to arrange for the consignment of its Products by...

Ireland—Arbitration clause

Ireland—Arbitration clause This is a precedent arbitration clause for future disputes, which can be used for international and domestic arbitrations and includes optional language for ad hoc or institutional arbitration. If ad hoc arbitration is chosen, the clause includes language for both a sole arbitrator tribunal and a three arbitrator panel and alternative methods for the selection of arbitrators. The clause also includes optional language, either in the clause or in drafting notes, regarding the seat of the arbitration, the law of the arbitration agreement, the language of the proceedings, and the finality of the award. This Precedent may be referred to as an arbitration agreement for inclusion in a contract or agreement. A precedent arbitration clause may also be referred to as a template or model clause. An arbitration agreement is a contract between parties to submit future or existing disputes to arbitration. As is the case with this Precedent, the arbitration agreement usually takes the form of a clause in a substantive contract between the parties, which is,...

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Is there an international arbitration treaty that sets out that parties may only make submissions in relation to their own statements of case (claims/defences)? Is there any general guidance on written submissions?

Is there an international arbitration treaty that sets out that parties may only make submissions in relation to their own statements of case (claims/defences)? Is there any general guidance on written submissions? The Arbitration Act 1996 (AA 1996) makes provisions for both international and domestic arbitration proceedings in England and Wales. Under AA 1996, an arbitration commences with the service of a notice requiring arbitration which essentially requires the other party to comply with their obligations under the arbitration agreement. In Glencore v PT Tera, the Commercial Court held that: ‘In circumstances where a claim and a counterclaim arise from a single set of facts giving rise to a balance of accounts or netting-off under a contract, a reference to ‘claims’ and to ‘all disputes arising under the contract’ in notices of appointment of an arbitrator will ordinarily suffice to interrupt the running of time in respect of the counterclaim for the purposes of s 14(4) Arbitration Act 1996, and does so in this case.’ This decision...

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Arbitration weekly highlights—12 December 2024

This week's edition of Arbitration weekly highlights includes: a decision from the English Commercial Court concerning whether a clause constituted an arbitration agreement or not, coverage of arbitration-related decisions from Malaysia, Singapore and India and updates from UNCITRAL, LCIA, SIAC, HKIAC, JCAA, ICC, ITA, IEL. and BCLP publishing its 2024 International Arbitration Survey. All this, and more in our weekly highlights.

What’s in a name—court clarifies emergency arbitration decision is an ‘Order’ and not an ‘Award’ (Ashok Kumar Goel and Vyoman India v EbixCash and others)

Arbitration analysis: The Bombay High Court allowed the petitioner’s interim relief application under section 9 of the Arbitration and Conciliation Act 1996 (Arbitration Act), directing the respondents to furnish an irrevocable bank guarantee for the sum of INR 145 crore. After an arbitral award, interim reliefs granted by the Delhi High Court, an emergency arbitration decision (EA Decision), and the arbitral tribunal’s order, the respondents’ failure to abide by the decisions led the petitioners to file the present application. The court recognized the distinction between an ‘award’ and an ‘order’ by rejecting the respondents’ contention that the EA Decision was an award that had to be enforced under Part II of the Arbitration Act. The court held that the objective of section 9 is to not defeat the purpose of arbitration but recognize party autonomy as the bedrock of arbitration. This decision sheds light on the binding nature of an emergency arbitration decision by classifying it as ‘order’ and the recourse available for interim relief even in international commercial arbitrations....