Conducting international arbitration

A quick guide to arbitration procedure

While there is no prescribed format that arbitrations must follow, this Practice Note provides a step-by-step guide of the procedural format of many arbitrations, with information on each stage of the arbitral process from considerations prior to commencement through to the making of the award. See Practice Note: A quick guide to the arbitration process.

Arbitration—venues and other practical matters

This Practice Note gives useful guidance on venues where arbitral proceedings may be held in London, including contact details for those venues. This Note also identifies issues that parties preparing for a hearing should consider, such as translators, the number of rooms required for the hearing and the use of technology in the hearing. See Practice Note: Arbitration in London—venues and other practical matters.

Drafting statements of case and memorials in international arbitration

This Practice Note provides practical guidance on the use of statements of case and memorials in international arbitration proceedings (sometimes referred to as pleadings in international arbitration proceedings). The Practice Note considers the definitions and differences between statements of case and memorial approaches, the relevance

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Latest Arbitration News

High Court of Orissa upholds the arbitrability of disputes relating to copyright infringement under Indian law (Shri Binaya Kumar Naik v Sanjay Kumar Naik and another)

Arbitration analysis: The High Court of Orissa (Orissa HC), vide its order dated 11 December 2024 in a petition filed under Section 11(6) of the Indian Arbitration and Conciliation Act, 1996 (A&C Act), upheld the arbitrability of disputes relating to copyright infringement on the basis that a claim for infringement of copyright against a particular person is an action in personam and not an action in rem. Accordingly, the HC appointed a sole arbitrator to adjudicate the dispute. Written by Juhi Gupta, counsel and Keyur Jaju, associate at Shardul Amarchand Mangaldas & Co.

CJEU’s Advocate General proposes full national court review of CAS awards

The Court of Justice of the European Union's (CJEU) Advocate General Tamara Ćapeta has proposed that Court of Arbitration for Sport (CAS) awards must be subject to full review by national courts to ensure FIFA rules comply with EU law. The Advocate General distinguishes sports arbitration from commercial arbitration, citing the mandatory nature of FIFA's arbitration clauses and the organisation's self-sufficient enforcement mechanism. Ćapeta argues that EU law precludes national provisions limiting court access for CAS award reviews, emphasising that direct access to national courts and full judicial review must be available to EU sport actors subject to FIFA's dispute settlement system. The opinion suggests Member States should enable direct court access to review FIFA rules for EU law compatibility, even after Swiss Federal Supreme Court confirmation of CAS awards.

HKIAC publishes Practice Note on compatibility of arbitration clauses

The Hong Kong International Arbitration Centre (HKIAC) has published a Practice Note explaining its approach to assessing the compatibility of arbitration clauses in multi-party and multi-contract scenarios under the 2018 and 2024 HKIAC Administered Arbitration Rules. The document, which does not amend the Rules, provides guidance on HKIAC's practices when deciding on consolidation of arbitrations or permitting single arbitrations under multiple contracts. It includes examples of compatible and incompatible clauses, offers drafting recommendations, and explains how HKIAC balances party autonomy, procedural integrity, and equal treatment. The Practice Note aims to enhance understanding of HKIAC's application of Articles 28 and 29, particularly in light of the 2024 Rules that came into effect on 1 June 2024.

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.