Clyde & Co LLP

This Practice Note considers the operation and work of one of Scotland’s sheriff courts. That court is the first sheriff court in Scottish legal history to have jurisdiction for the whole of Scotland and this Practice Note covers ASPIC Rules, directions, Practice Notes and designations, timetable and the importance of the pre-trial meeting, substantive hearings at ASPIC and significant cases to date.

This Practice Note sets out the how a party to arbitration may challenge the jurisdiction of an arbitrator or tribunal in Canada and the position in relation to anti-suit injunctions. It deals with the use of the 1985 UNCITRAL Model Law in Canadian law, and the amended version adopted in 2006, the position in relation to provincial, territorial and federal international arbitration legislation, judicial intervention and the process for making a challenge. It also covers the granting of anti-suit injunctions, the staying of proceedings in Canada, the courts’ approach and the duration, timing and costs of the procedure.

This Practice Note sets out the procedure for challenging the jurisdiction of arbitral tribunals in French courts and the French perspective on anti-suit injunctions.

This Practice Note is designed to facilitate identifying and understanding how to deal with corruption and money laundering issues in arbitrations. The step-by-step approach briefly covers the main issues that need to be considered to ensure that an enforceable award is rendered, identifying illicit activities, steps that may need to be taken to address illicit activities as well as consideration of the consequences for awards if corruption and money laundering are established.

This Practice Note considers the enforcement of international arbitral awards in Canada. It sets out the framework for international arbitration at a federal, provincial and territorial level and the incorporation of the 1985 UNCITRAL Model Law and the New York Convention. It also details the process for the recognition and enforcement of foreign awards and the circumstances in which there may be a refusal to recognise an award or the award is set aside. Limitation periods for the enforcement of arbitral awards are also set out and considered.

This Practice Note sets out the procedure and conditions to obtain the recognition and enforcement of international arbitration awards (ie, international arbitral awards rendered in France and arbitral awards rendered abroad) in France.

This Practice Note discusses the interim remedies available to arbitral tribunals seated in France.

This Practice Note considers interim measures that are available in Canada from arbitral tribunals and the courts. It details the incorporation of the 1985 UNCITRAL Model Law, and the amended 2006 version, into Canadian law, the International Commercial Arbitration Act 2017, civil court procedure, the courts’ approach and practical considerations when seeking interim relief.

This Practice Note sets out the professional indemnity insurance requirements for accountants and auditors including detailed guidance on the Institute of Chartered Accountants in England and Wales Minimum Terms and Conditions.

This Practice Note sets out the professional indemnity insurance requirements for architects, including detailed guidance on the Architects Registration Boards minimum requirements.

This Practice Note describes the professional indemnity insurance requirements for FCA-regulated professionals, including all financial services firms, insurance firms, consumer credit firms and investment firms, including individuals who are providing services in the sector.

This Practice Note sets out the professional indemnity insurance requirements for solicitors, including detailed guidance on the Solicitors Regulation Authority’s Minimum Terms and Conditions of Professional Indemnity Insurance.

This Practice Note sets out the professional indemnity insurance requirements for surveyors and valuation professionals, including detailed guidance on the Royal Institute of Chartered Surveyors Minimum Terms and Conditions.

This Practice Note is one of three that provides an overview of the prudential regulatory framework applicable to UK life and general insurers and reinsurers that fall within the scope of the Directive 2009/138/EC, Solvency II Directive, as amended, following the implementation of Solvency II on 1 January 2016. This Practice Note focuses on the Pillar 2 and Pillar 3 requirements applicable to insurers. On 10 December 2018, the Senior Managers and Certification Regime was extended to insurers and it replaced the Senior Insurance Managers Regime, representing further strengthening of the regulatory regime applicable to managers.

This Practice Note discusses the background to state immunity in Canada, the legislative background, being the federal State Immunity Act RSC 1985, c. S-18 (SIA), the exceptions to the SIA, enforcement against a foreign state and the relationship between arbitration proceedings and state immunity.

This Practice Note discusses the role and impact of state immunity on arbitration proceedings seated in France.

This Practice Note considers the types of risks insured under a trade credit insurance policy and notification of trade credit insurance claims and common exclusions.