International arbitration agreements

Arbitration agreements—requirements of the New York Convention

This Practice Note sets out the requirements specified in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) for a valid arbitration agreement pursuant to Article II of the New York Convention. It also considers the enforcement of arbitration agreements pursuant to Article II(3) of the New York Convention.

See Practice Note: Arbitration agreements—requirements of the New York Convention.

Arbitration agreements—definition, purpose, the ‘in writing’ requirement and content

While largely focused on the position under the law of England & Wales, the following Practice Notes will be of interest and use for those considering international arbitration agreements:

•
Arbitration agreements—definition, purpose and interpretation
•
Arbitration agreements—the in writing requirement
•
Arbitration agreements—content

Arbitrability in international arbitration

This Practice Note discusses what matters are ‘arbitrable’ in an international context including which laws determine the question of arbitrability. It covers the position under English law and relevant provisions in the New York Convention and UNCITRAL Model Law. The Practice Note also discusses when the issue of arbitrability should be raised.

See Practice Note: Arbitrability

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Arbitration News

PCA convenes initial meeting in EU-UK fishing dispute arbitration

The Permanent Court of Arbitration (PCA) has announced that the initial organisational meeting for the arbitration between the European Union and the United Kingdom, concerning the UK's prohibition of sandeel fishing in certain waters, took place on 18 November 2024. The three-member Tribunal, chaired by Dr. Penelope Ridings, consulted with the parties on procedural matters and submission schedules. The PCA, acting as Registry, will administer the proceedings. Notably, the Tribunal has agreed to accept amicus curiae submissions until 28 November 2024, subject to specific criteria outlined in Rules 40-42 of Annex 48 of the Trade and Cooperation Agreement. This development marks the formal commencement of arbitration proceedings in this significant fisheries dispute between the EU and post-Brexit UK.

QICCA concludes 5th world conference with key recommendations for arbitration

The Qatar International Centre for Conciliation & Arbitration (QICCA) has concluded its 5th world conference on international arbitration with several significant recommendations for enhancing arbitration practice. Key proposals include allowing Court of Cassation review of arbitration award rulings, seeking UNCITRAL guidance for legislation drafting, and developing guidelines for arbitrator conduct and appointments in ad hoc arbitration. The conference affirmed the importance of applying the law of the arbitration seat to international agreements and called for improved arbitrator disclosure rules. Discussions also covered arbitrator ethics, qualifications, and the role of national courts in supporting arbitration. These recommendations aim to strengthen arbitration processes and align practices with international standards

Arbitration weekly highlights—21 November 2024

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from the English High Court and the USA, news from JCAA and CIArb, and updates on arbitration developments from China, India and the LCIA. All this, and more in our weekly highlights.

King's College London publishes third annual report on UK construction adjudication trends

The Centre of Construction Law and Dispute Resolution at King's College London, in collaboration with The Adjudication Society, has released its third annual report on construction adjudication in the United Kingdom. The 2024 report reveals a record number of 2,264 adjudication referrals, indicating the growing popularity of this dispute resolution method. The report also highlights progress in diversity initiatives, with 7 out of 10 participating Adjudicator Nominating Bodies (ANBs) now signatories to the Equal Representation in Adjudication Pledge. However, women still comprise only 8.9% of adjudicators on ANB panels that maintain diversity records, with TECBAR leading at 20% female representation. The comprehensive study provides valuable insights into various aspects of adjudication, including referral trends, nomination fees, competency requirements, claim values, dispute causes, procedural durations, complaints, enforcement issues and the impact of insolvency on adjudication proceedings.