| 1 | Arbitration clauses toolkit A collection of international and UK specific resources designed to assist parties and their lawyers in drafting effective arbitration clauses. | Practice note: overview | Maintained |
| 2 | Ad hoc arbitration in China: note This note outlines the use of ad hoc clauses for arbitrations in China. | Practice notes | 27-Apr-2011 |
| 3 | Agreements in writing: the English Arbitration Act 1996 This practice note explains the significance of the statutory requirement that arbitration agreements should be made "in writing", and offers guidance on how that requirement can be satisfied. | Practice notes | Maintained |
| 4 | Arbitration in Germany This note describes the most significant features of the arbitral process in Germany, including the German law regarding arbitration agreements, the duties and powers of the tribunal, the role of state courts, and the challenge and enforcement of awards. | Practice notes | Maintained |
| 5 | China and Hong Kong: waiver of sovereign immunity note This note outlines the use of waiver of sovereign immunity clauses, in connection with arbitrations in the People’s Republic of China (PRC) and Hong Kong. Note: The law on immunity under both PRC and Hong Kong law is complex, and is still developing. The below represents a simplified overview of some key principles. Parties are advised to seek a more detailed explanation of the position when dealing with specific circumstances. | Practice notes | 14-Aug-2012 |
| 6 | Drafting arbitration agreements: detailed drafting notes This note considers and comments upon commonly adopted institutional clauses. | Practice notes | Maintained |
| 7 | Drafting international arbitration agreements: an overview This practice note highlights the points that need to be considered when finalising an arbitration agreement, and offers guidance on the best approach to drafting. | Practice notes | Maintained |
| 8 | Drafting multi-party arbitration clauses A guide to drafting arbitration clauses in multi-party or multi-contract cases. | Practice notes | Maintained |
| 9 | Hybrid, multi-tiered and carve-out dispute resolution clauses This practice note considers the different forms that so-called "hybrid", "multi-tiered" (or "escalation") and "carve-out" dispute resolution clauses may take. Although a short form, standard arbitration or jurisdiction clause will suffice in the majority of contracts, certain complex projects may require more complicated dispute resolution provisions. This note focuses on the issues that may arise in using complex clauses and highlights the potential pitfalls a lawyer may face in drafting these types of clauses. | Practice notes | Maintained |
| 10 | Incorporation of arbitration clauses in English law A practice note analysing the English law on incorporation of arbitration clauses. | Practice notes | Maintained |
| 11 | Interpreting arbitration agreements under English law Arbitration agreements can take many different forms, and it is not always easy to determine whether a particular claim or dispute falls within the scope of an obligation to arbitrate. This practice note offers guidance on the principles which apply to interpretation of arbitration agreements, and how to decide if a particular claim falls within the scope of your agreement. | Practice notes | Maintained |
| 12 | Multi-party and multi-contract issues in arbitration A note identifying the issues that arise from multi-party and multi-contract situations, and considering different solutions to those issues. | Practice notes | Maintained |
| 13 | Remedies for breach of the arbitration agreement: anti-suit ... What remedies are available where a party commences court proceedings in breach of an arbitration agreement, or initiates arbitration in breach of a valid jurisdiction clause? This note considers the power of the English court to grant an anti-suit injunction to restrain foreign court or arbitration proceedings where these have been commenced in breach of an arbitration agreement. The effect of the ECJ decision in Allianz SpA v West Tankers Inc (Case C-185/07) is analysed, and guidance is given on practice and procedure. We are reviewing this note in light of the Supreme Court's decision in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35. | Practice notes | Maintained |
| 14 | Remedies for breach of the arbitration agreement: stays of ... What remedies are available if court proceedings are brought in respect of claims which should be arbitrated? This note examines the primary remedy in respect of English court proceedings brought in breach of an arbitration agreement - the stay of proceedings. The note examines what the applicant for a stay must prove, explains when a stay will be granted and when refused, and outlines the procedure which should be adopted. | Practice notes | Maintained |
| 15 | Separability in English law The doctrine of separability applies to arbitration clauses which form part of a larger contract. This practice note outlines the doctrine of separability, and explains its practical significance in making arbitration an efficient method of dispute resolution. | Practice notes | Maintained |
| 16 | Separability of arbitration agreements in international ... A description of the nature and significance of the principle of separability in international arbitration. | Practice notes | Maintained |
| 17 | Standard recommended arbitration clauses A note providing links to institutional standard recommended arbitration clauses, with integrated drafting notes. | Practice notes | Maintained |
| 18 | Stays under the English Arbitration Act 1996: "no dispute" This note briefly examines the possibility, under the Arbitration Act 1996, of arguing that there is no obligation to arbitrate claims to which there is no arguable defence. The practical implications of such arguments, in particular in relation to stays of legal proceedings brought in breach of an arbitration agreement, is considered. | Practice notes | Maintained |
| 19 | What's wrong with my arbitration clause? A Practice note which considers a number of "pathological" (or, badly drafted) arbitration clauses and offers drafting guidance. The note is accompanied by Slides, What's wrong with my arbitration clause? which can be used or adapted for training purposes. | Practice notes | Maintained |
| 20 | When does an arbitration agreement bind a third party in ... Arbitration depends on the consent of both parties, expressed in the arbitration agreement. However, there are circumstances in which third parties, who were not parties to the original agreement, may either be bound by, or take the benefit of, an arbitration agreement. This note considers the situations in which a third party may invoke, or be bound by, an arbitration agreement as a matter of English law, including assignment, novation and statutory provisions. | Practice notes | Maintained |