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GLOSSARY

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What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

Unlike other forms of alternative dispute resolution, arbitration is governed by statute: Arbitration Act 1996.

Commercial

Arbitration is a form of alternative dispute resolution in which parties to a dispute submit to the binding decision of a person acting in a judicial manner in private, rather than to a court of law.

Unlike other forms of alternative dispute resolution, arbitration is governed by statute: the Arbitration Act 1996.

Dispute Resolution

Unlike other forms of alternative dispute resolution, arbitration is governed by statute: Arbitration Act 1996.

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Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

How to conduct efficient arbitration—checklist

How to conduct efficient arbitration—checklist Techniques for controlling time and costs in arbitration This Checklist is derived from the ICC publication: Techniques for controlling time and costs in arbitration. The report is aimed at the tribunal, arming them with methods of conducting efficient arbitration. It is also useful for practitioners preparing for arbitration. The following are suggestions to practitioners derived from the ICC's report. Timetable • make all reasonable efforts to comply with the timetable and only request extensions when justified • consider whether hearings could be avoided or conducted by telephone • consider fixing the hearing date in order to encourage all parties and the tribunal to be efficient and to manage busy diaries • consider how IT could be used to make the process more efficient—be pro-active in making suggestions to the tribunal about the use of technology in the arbitration process • be realistic about timetables and deadlines • considering whether the dispute would be better resolved by resolution of one or more preliminary issues by the...

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Freedom of information request—flowchart

Freedom of information request—flowchart In brief The timeframe for compliance with a freedom of information request is 20 working days, although in certain limited circumstances this can be extended. Upon receipt of a request, an authority should: • record the date on which the request was received • assess the validity of the request • establish whether information of the description specified in the request is held by the authority • estimate the cost of compliance • consider charging a fee • consider whether any exemptions apply • respond to the applicant within the timeframe For information on the freedom of information regime generally, see Practice Notes: • Introduction to freedom of information • Who is subject to the freedom of information regime For an overview of the whole process click here to view or print a separate PDF version. Step 1—Request for information received Click here to view or print the full-size PDF version: Timeframe within which to respond See Practice Note: Compliance with a freedom...

UK design infringement action—flowchart

UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before...

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Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and Wales, including the Arbitration Act 1996 (AA 1996).Arbitration is a form of final and binding dispute resolution presided over by an appointed arbitral tribunal (one or three arbitrators, typically) acting in a quasi-judicial manner. Arbitration is, generally speaking, founded on party agreement (the arbitration agreement), and regulated and enforced by national law and national courts. In choosing arbitration, parties opt for a private dispute resolution procedure instead of litigating in court. The result of an arbitration is, usually, an arbitral award, which is a final, binding and enforceable (as against the losing party or parties) decision on the dispute submitted for determination (and akin to a court judgment). Arbitral awards are subject to limited rights of challenge or appeal on either standalone bases or as defences to recognition and enforcement.International commercial arbitration is considered by the international business community to be a true, and often preferable,...

Mediation-arbitration (med-arb)—an introduction

This Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes.Med-arb is suitable for resolving a wide range of commercial disputes. It is appropriate, for example, for resolving international or cross-border disputes in the construction, energy and infrastructure sectors.What is med-arb?Med-arb is a hybrid, two-stage alternative dispute resolution (ADR) process. It usually involves the parties agreeing to grant a mediator power to convert automatically to being an arbitrator, and to make a legally binding arbitral award, if the mediation fails to result in a settlement of the relevant dispute. The arbitration phase of the process will be legally binding, and the arbitrator’s award will be enforceable like an award rendered in standard arbitration proceedings, which is usually advantageous.There is a range of possible variants to the med-arb process, including having both a mediator and arbitrator present for an opening session. The mediator then conducts a mediation and the arbitrator is only involved again if the mediation fails to reach a settlement. In this variant, the mediation and arbitration...

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Transport and Maritime Arbitration Rotterdam—Amsterdam (TAMARA) model arbitration clause

The Transport and Maritime Arbitration Rotterdam-Amsterdam (TAMARA) model arbitration clause is as follows.

China Maritime Arbitration Commission (CMAC) model arbitration clause

China Maritime Arbitration Commission (CMAC) model

Dive into our 248 Precedents related to Arbitration

To what extent do arbitral tribunals (governed by English law) apply the Halsey approach following a failure to mediate under a tiered dispute resolution clause?

To what extent do arbitral tribunals (governed by English law) apply the Halsey approach following a failure to mediate under a tiered dispute resolution clause? The English courts have imposed costs sanctions on litigating parties who have unreasonably failed to mediate and one of the leading cases in this regard is Halsey v Milton Keynes General NHS Trust. See Practice Note: Costs consequences of refusing to consider ADR in civil proceedings for, among other matters, more information on that case and how it has been interpreted by the English courts in the context of litigation proceedings. One of public policy reasons for the English court’s decision to sanction parties in costs for unreasonable refusing to mediate in litigation is that the court resources are finite and, if possible, the parties should resolve their disputes without recourse to the courts or with limited court intervention. However, it may be suggested that no equivalent public policy exists in arbitration as arbitration is a private, consensual dispute resolution procedure...

How does the ICC calculate its advance on costs?

How does the ICC calculate its advance on costs? In International Chamber of Commerce (ICC) arbitration, the parties are required to pay a substantial amount of the costs of the arbitration 'up front' to cover the tribunal's and the ICC's fees and expenses. Separate advances will often be set throughout the course of the arbitration and it is not possible to say in advance how much the arbitration is going to cost. Advisors can often give an indication of the costs of previous similar disputes but the inevitable twists and turns of case mean that no one can predict the eventual cost. In considering the costs of the arbitration, parties must be aware that any advance set by the ICC is intended only to cover the tribunal and ICC's fees, in addition the parties will have to bear their own legal fees (some of which will hopefully be recoverable from the opposing party)—see: Costs in international arbitration—Allocation and recoverability of costs. Provisional advance Once the ICC...

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The English Court’s powers to issue injunctive reliefs aimed at preserving arbitral confidentiality. (A Corporation v Firm B and another)

Arbitration analysis: This case arises from the claimant’s application for interim injunctive reliefs (the ‘Application’) seeking, among others, to restrain the first defendant (‘Firm B’), including any of its branches from (i) acting for Corporation C in an ongoing arbitration against Corporation D (the ‘Second Arbitration’); and (ii) providing any confidential information from a previous arbitration between the Claimant and Corporation B (the ‘First Arbitration’), to Corporation C. In determining the Application, the Court considered the principles governing the grant of interim reliefs as established in American Cyanamid v Ethicon Ltd. The court also considered the boundaries of arbitral confidentiality by considering what documents and information the obligation of arbitral confidentiality covers, and the relevant exceptions to this obligation. The court concluded that the claimant was not entitled to the requested reliefs. After examining the claimant's allegations of breaches of arbitral confidentiality, the court found no breach, except for some limited settlement information from the First Arbitration. The court was also not persuaded that there was a real risk of...

Dispute Resolution weekly highlights—12 June 2025

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Civil Procedure Rule Committee minutes of 9 May 2025 and the Court of Appeal decision in Saxon Woods Investments Ltd v Costa (corporate disputes); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

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