Stephenson Harwood

This Practice Note provides a quick guide to the Arbitration Act 1996 (AA 1996), which applies principally to arbitration proceedings seated in England, Wales and Northern Ireland. The Practice Note summarises the scope, structure and underlying principles of the Act, the role and powers of the arbitral tribunal, and the role of the courts. It covers: the scope of the Act (AA 1996, s 2); the general principles underlying the Act (AA 1996, s 1); the separability of arbitration agreements (AA 1996, s 7); the substantive jurisdiction of the arbitrators or tribunal (AA 1996, ss 30–32); the seat of the arbitration (AA 1996, s 3); conduct of proceedings or the arbitral process (AA 1996, s 33); the tribunal’s role in controlling evidence and procedural matters (AA 1996, s 34); the tribunal’s role in appointing legal advisers/experts (AA 1996, s 37); ordering security for costs (AA 1996, s 38); making provisional or interim awards (AA 1996, s 39); preservation of property (AA 1996, s 38(4); orders against a party in default (AA 1996, s 41); determining the applicable law (AA 1996, s 46); the tribunal’s injunctive relief powers (AA 1996, s 48); awarding interest and costs in the award (AA 1996, ss 49 and 61–65); the court’s power to stay court proceedings under AA 1996, s 9 in favour of arbitration; the extension of time to commence arbitration (AA 1996, s 12); default tribunal appointment powers (AA 1995, ss 15–18); termination of the tribunal’s appointment (AA 1996, ss 23–26); determination of tribunal fees (AA 1996, ss 28,56 and 64); the court’s power to rule on substantive jurisdiction (AA 1996, s 32); the court’s enforcement of peremptory orders (AA 1996, s 42); the court’s role in securing attendance of witnesses in arbitration (AA 1996, s 43); the court’s powers to grant interim injunctive relief in support of arbitration (AA 1996, s 44); the determination of preliminary points of law (AA 1996, s 45); extending time for the award (AA 1996, s 50); challenges and appeals in respect of awards (AA 1996, ss 67–73); extensions of time relating to arbitral proceedings (AA 1996, s 79); and, the recognition and enforcement of arbitral awards (AA 1996, ss 66, 99–104). This content may also be referred to as: an introduction to the AA 1996; a road map to the English Arbitration Act; an overview of the AA 1996; arbitration procedures and practices in the UK; understanding arbitration under the AA 1996; or, quick guide to the AA 1996.

This Practice Note considers how costs are dealt with under the Arbitration Act 1996 (AA 1996) including the tribunal’s powers in respect of costs and how costs are dealt with in an arbitral award. The Practice Note also covers the extent to which costs awards can be appealed and provides practical tips on dealing with costs in arbitration. It also considers conditional fee arrangements in arbitration. The AA 1996 applies (broadly speaking) in England, Wales and Northern Ireland.

This Practice Note sets out the court’s powers to order security for costs in support of arbitration in England and Wales. It covers the reasons why the court cannot act during the course of arbitral proceedings but can do so during challenge or appeal proceedings in the English courts (under sections 67 (substantive jurisdiction), 68 (serious irregularity) and 69 (appeal on error of law) of the Arbitration Act 1996) and during a challenge to enforcement of a New York Convention award. The Practice Note covers security orders against both parties, the exercise of the court’s discretion, and the amount of security ordered. It also addresses alternatives, such as letters of comfort from third-party funders, which courts have not accepted.

This Practice Note considers the arbitral tribunal’s power to order the claimant to pay security for costs under the Arbitration Act 1996 (AA 1996) and the approach taken by arbitrators when faced with an application for security for costs by a defendant (or defendant to a counter-claim). This topic may be referred to as: security for costs in English-seated arbitration; the tribunal’s power to award security for costs; the availability of security for costs in arbitration proceedings; the provision for tribunal-ordered security for courts in England; security for costs in ad hoc arbitration proceedings under the AA 1996; applications (applying) for security for costs in arbitration; section 38(3); security for the costs of the arbitration; limitations on the tribunal’s powers to order security for costs.

This Practice Note has been archived and is not maintained. This Practice Note introduces the International Chamber of Commerce (ICC), the International Court of Arbitration of the ICC and the 2012 ICC Rules of Arbitration (2012 ICC Rules). It considers how the ICC Court and Secretariat work and outlines the procedure for an ICC arbitration. The Practice Note also discusses the communication of reasons for administrative decisions by the ICC Court. This topic could be referred to as an introduction, overview or step-by-step guide to the ICC and the 2012 ICC Arbitration Rules.

This Practice Note sets out how currency issues are dealt with by arbitral tribunals and the provisions of the Arbitration Act 1996 dealing with such issues. It also sets out how the International Court of Arbitration of the International Chamber of Commerce (ICC) and London Court of International Arbitration (LCIA) Arbitration Rules deal with the issue of currency.

This Practice Note examines how currency issues are dealt with in investment treaty arbitration, setting out leading cases and general principles.

This Practice Note considers the claims for interest on costs and damages a party might make in arbitration proceedings, the grounds on which an arbitral tribunal (or arbitrator) can order or award interest and the considerations it will take into account. It also covers the issue of the applicable rate of interest. The Practice Note also sets out the provisions about interest in the Arbitration Act 1996 (AA 1996) (dealing with simple and compound interest), applicable in England, Wales and Northern Ireland, and how the ICC and LCIA Arbitration Rules provide (or not) for the award of interest in arbitration proceedings. It also considers the relevance of the Late Payment of Commercial Debts (Interest) Act 1998 in arbitration. This topic may be referred to as: interest in domestic and international arbitration proceedings; awarding interest in international arbitration proceedings; the availability of interest in arbitration; interest on costs and damages in arbitration awards; the power of the tribunal or arbitrator to award interest.

This Practice Note considers the availability of security for costs in international arbitration proceedings pursuant to the arbitration rules of major arbitral institutions and the United Nations Commission on International Trade Law (UNCITRAL). The arbitral institutions featured in this Practice Note are: the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the International Centre for Dispute Resolution (ICDR), the Hong Kong International Arbitration Centre (HKIAC), the Swiss Arbitration Centre (SAC) (formerly the Swiss Chambers' Arbitration Institution or SCAI) (Swiss Rules), and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The Practice Note considers the powers of arbitral tribunals (and arbitrators) to order security for costs and any limitations on those powers. This topic may be referred to as: security for costs in international arbitration; provision for security for costs in institutional arbitration; security for costs in ad hoc arbitration proceedings; express and implied power to order or grant security for costs in international institutional commercial arbitration; and, applications (applying) for security for costs in international institutional arbitration.

Charlotte Hill at Stephenson Harwood comments on the FSA CP 12/15 on the Client Assets Sourcebook (FSA CASS)

Stephenson Harwood comments on the proposed draft statement of policy on temporary product intervention rules. The Financial Conduct Authority will have this power after Financial Services Bill becomes law

Stephenson Harwood comments on the FSA has published Consultation Paper 12/12: ‘Payments to platform service providers and cash rebates from providers to consumers’. The proposals are designed to enhance transparency and competition within the platforms market in line with changes as a result of the Retail Distribution Review  at the end of 2012