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GLOSSARY

International arbitration definition

Published by a LexisNexis Arbitration expert

What does International arbitration mean?

Generally, arbitration with features relating to two or more states. For example, an arbitration seated in London between an English company and a Singapore company concerning a construction project in London (or elsewhere) will generally be considered an international arbitration.

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Governing law and jurisdiction clauses in commercial contracts―checklist

Governing law and jurisdiction clauses in commercial contracts―checklist This Checklist of resources sets out some of the issues when considering governing law and jurisdiction in the context of commercial contracts. Governing law and jurisdiction clauses are categorised as boilerplate clauses in an agreement. For more information on boilerplate clauses, see: Boilerplate clauses—overview. For details about the role of boilerplate clauses and approaches to reviewing and drafting common boilerplate clauses, see Practice Note: The role of boilerplate. A governing law clause (also known as an applicable law clause) is used to allow the parties to specify the substantive law that will apply to the interpretation of an agreement and, in the event of a dispute, in relation to it. For an example of a governing law clause, see Precedent: Governing law clause. The applicable law clause in a contract will usually be set out alongside a jurisdiction clause. It is important to note that jurisdiction and governing law are separate issues. A jurisdiction clause is necessary to allow the parties to...

Alternative service—practical considerations checklist (cross border)

Alternative service—practical considerations checklist (cross border) This Checklist sets out examples of practical issues to consider when dealing with an alternative service application involving service outside England and Wales. Checklist Consideration References If an application for alternative service is being made on the grounds that service through the permitted methods, including the Hague Convention, is likely to be protracted, the application should be supported by the following:—confirmation from the Foreign Process Office of the time delays in serving for that country—detailed evidence, ideally from a locally-qualified lawyer, which demonstrates how long service is expected to take through normal channels. This should be by reference to specific experience or examples where relevant—if delay is notorious in the jurisdiction, then some independent evidence should be exhibited to support this Practice Note: Alternative service—making an application—Evidence in support The courts will take into account any evidence that a defendant is attempting to evade or obstruct service. A claimant should seek to carefully document any such behaviour as this will strengthen...

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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...

Interim remedies in Macau arbitration proceedings

Interim remedies in Macau arbitration proceedings Interim remedies or measures are temporary order(s) that a court or arbitral tribunal can issue before or during a dispute resolution process. They are distinct from final remedies, which are usually part of a final judgment, order, or arbitral award that resolves a dispute. The interim remedies aim to safeguard the rights and interests of the parties until the final resolution of the case. On the other hand, they can also be considered stand-alone measures. An anti-suit injunction is one of these measures, which prohibits or restricts the ability of a party to commence or continue legal proceedings in a particular forum. This later measure is not provided by Macau arbitration law. Interim remedies are available in the arbitral proceeding in Macau A new arbitration law was published by Macau on 5 November 2019, Law No. 19/2019, which came into force in May 4 2020. The new arbitration law replaces Decree-Law 29/96/M (for domestic arbitrations) and Decree-Law 55/98/M (for international commercial arbitrations) with a...

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MVNO agreement

MVNO agreement This Agreement is made on [insert date] Parties 1 [insert name] a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [insert name] a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (MVNO) (each of the Supplier and the MVNO being a party and together the Supplier and the MVNO are the parties). Background (A) The Supplier is a mobile network operator in the Territory. (B) The MVNO is a mobile virtual network operator in the Territory. (C) The Supplier has agreed to provide wholesale mobile electronic communications services to the MVNO for resale [on a pre-pay basis OR on a post-pay basis OR on a pre-pay and post-pay basis] in the Territory in accordance with the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Account Manager • means the primary point...

Agile software development agreement

Agile software development agreement This Agreement is made on [date] Parties 1 [insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer [insert information about the business of the Customer] wishes to [insert objectives of the project]. (B) The Supplier is a provider of [insert business of the Supplier] and has experience in [insert services being procured]. (C) The parties have agreed to contract with each other in accordance with the terms and conditions set out below. THE PARTIES AGREE: 1 Definitions 1.1 In this Agreement: Acceptance Criteria • in respect of an Iteration means criteria formulated...

Dive into our 138 Precedents related to International arbitration

In an arbitration under the London Court of International Arbitration Rules 2014 (LCIA Rules 2014), how does a respondent learn of the date of commencement of the arbitration? Does that date correspond to the date on which the LCIA notifies the respondent of its receipt of the request for arbitration and of the registration fee?

In an arbitration under the London Court of International Arbitration Rules 2014 (LCIA Rules 2014), how does a respondent learn of the date of commencement of the arbitration? Does that date correspond to the date on which the LCIA notifies the respondent of its receipt of the request for arbitration and of the registration fee? The date of commencement of an arbitration under the London Court of International Arbitration Rules 2014 An arbitration in the London Court of International Arbitration (LCIA) is commenced by the claimant delivering the request for arbitration to the LCIA Registrar (the Registrar) (LCIA, Art 1). As this Q&A has identified, the date of commencement of an LCIA arbitration is the date of receipt of the request by the Registrar, subject to the actual receipt of the registration fee as provided by LCIA, Art 1.4. A respondent will learn of the date of the commencement from the LCIA secretariat. As a matter of practice, the LCIA secretariat will notify all parties simultaneously of...

In light of coronavirus (COVID-19), is arbitration preferable over litigation as a method of dispute resolution given the increased flexibility inherent in arbitration proceedings generally?

In light of coronavirus (COVID-19), is arbitration preferable over litigation as a method of dispute resolution given the increased flexibility inherent in arbitration proceedings generally? Clare Ambrose, Twenty Essex This is a ‘once in a generation’ challenge. We will see over the next months how the court system and the arbitration community respond. Arbitration is more flexible, and it is already common for directions to be made electronically, CMCs to be heard by telephone and disputes to be resolved by documents only. It is hoped that arbitration will be agile to meet the needs of parties. If so, and virtual hearings (or even partially virtual hearings) start to work well, then they will become an attractive feature. Corporations weathering this crisis will be mindful of resilience for the next one. Arbitration will be attractive if it is seen to work in times of crisis. If it becomes cheaper and more sustainable too then that must be a bonus. Hamish Lal, Akin Gump The tangible and significant impacts of...

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ICC announces 13th MENA conference on international arbitration

The International Chamber of Commerce (ICC) has unveiled plans for its 13th MENA Conference on International Arbitration, scheduled for 10-11 February 2025 in Abu Dhabi. This event aims to explore the evolving landscape of arbitration in the Middle East and North Africa, featuring discussions on critical topics such as the interplay between state courts and arbitration, interest rates in regional disputes and the efficacy of expedited procedures. The conference will be preceded by a training session on oral advocacy in international arbitration, reflecting the ICC's commitment to enhancing practitioner skills. With a roster of distinguished speakers from across the MENA region, the conference promises to deliver invaluable insights into the latest trends and challenges in international arbitration.

Arbitration, jurisdiction, energy sector (Frontier Holdings Ltd v Petroleum Exploration (Pvt) Ltd)

Arbitration analysis: The Singapore International Commercial Court (SICC) overruled an ICC tribunal hearing a dispute between a Pakistani company and a Bermuda company pertaining to hydrocarbon exploration in Pakistan and held that contrary to the tribunal’s earlier order, the tribunal did indeed have jurisdiction. The issue arose out of certain standard agreements which expressly provided for international arbitration in certain instances and domestic arbitration in other instances but contained no express provision regarding disputes between a foreign working interest owner (WIO) and a domestic WIO. The same documents though contained a catchall provision referring to certain statutory rules which in turn contained a catchall domestic arbitration provision. The issue was therefore whether to interpret an ambiguous set of standard form documents in favour of foreign arbitration or domestic arbitration. The tribunal had held in favour of domestic arbitration even though the England and Wales Court of Appeal had earlier interpreted the same standard form documents as providing for foreign arbitration. The SICC reversed on the basis that the tribunal had...

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