Vinson & Elkins LLP

Experts

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Andreina Escobar
Associate
Vinson & Elkins LLP
Caroline Stewart
Vinson & Elkins LLP
Louise Woods
Vinson & Elkins LLP
Peter Danysh
Counsel
Vinson & Elkins LLP
Rafic Bittar
Senior Associate
Vinson & Elkins LLP
Robert Reyes Landicho
Counsel
Vinson & Elkins LLP
Timothy Tyler
Counsel
Vinson & Elkins LLP
Contributions by Vinson & Elkins LLP

6

AA 1996—appointing the tribunal
AA 1996—appointing the tribunal
Practice Notes

This Practice Note sets out how to appoint a tribunal in an ad hoc arbitration under the Arbitration Act 1996 or in other circumstances where the Act may apply. It also sets out how and when the assistance of the court may be sought in connection with appointing an arbitrator or arbitrator(s), including in cases in which one party has failed to make an appointment.

AA 1996—interim and/or emergency relief—applying to the tribunal
AA 1996—interim and/or emergency relief—applying to the tribunal
Practice Notes

This Practice Note considers how to apply to an arbitral tribunal for interim and/or emergency relief (or measures) generally and with reference to the Arbitration Act 1996 (AA 1996) and institutional arbitration rules.

AA 1996—interim and/or emergency relief—how to apply to the court
AA 1996—interim and/or emergency relief—how to apply to the court
Practice Notes

This Practice Note sets out how to make an application to the English court under Arbitration Act 1996 (AA 1996), section 44, for interim or emergency relief, including for conservatory measures, such as orders for preservation of evidence and property, in support of arbitral proceedings. It gives practical guidance about the court procedure, the documents needed, the witness statement in support of the application, service of the claim form, how urgent applications are dealt with, how to reply to such an application and what case management directions the court is likely to make.

AA 1996—interim and/or emergency relief—tribunal or court?
AA 1996—interim and/or emergency relief—tribunal or court?
Practice Notes

This Practice Note sets out the powers given to the tribunal under the Arbitration Act 1996 to order interim or emergency relief to support an arbitration. The tribunal’s powers are best seen alongside the court’s powers in order for practitioners to choose how best to protect their clients. For a useful tool, see the How to obtain emergency relief flowchart.

Arbitration procedure—pursuant to the Arbitration Act 1996
Arbitration procedure—pursuant to the Arbitration Act 1996
Practice Notes

This Practice Note sets out the key procedural provisions in the Arbitration Act 1996 (AA 1996). This includes mandatory and non-mandatory provisions including those concerning the parties and the tribunal's obligations under the Act. It also sets out the requirements under the AA 1996 concerning the arbitral award. The note discusses how the courts have dealt with the failure to follow the procedural requirements of the AA 1996, giving links to notable cases.

Choosing your arbitral tribunal
Choosing your arbitral tribunal
Practice Notes

This Practice Note sets out some practical tips about how to choose the right people to form the arbitral tribunal. The Practice Note emphasises the importance of appointing the tribunal in accordance with the provisions of the arbitration agreement and the considerations you may take into account when preparing a shortlist of potential candidates.

Contributions by Vinson & Elkins LLP Experts

8

Defences to enforcement of an arbitral award in the USA under the New York Convention
Defences to enforcement of an arbitral award in the USA under the New York Convention
Practice Notes

This Practice Note covers defences under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) to the enforcement of an arbitral (arbitration) award in the United States of America (US; USA). It covers the defences specifically enumerated in the New York Convention and the unavailability of a defence under Chapter 1 of the Federal Arbitration Act unless the award is non-domestic. It also covers forum non conveniens and enforcement in the USA and issues of sovereign (state) immunity as a defence to enforcement. This topic may also be referred to as: resisting enforcement of an award in the US; defending enforcement of an award in the US; refusing or deferring (refusal or deferral) enforcement of an award in the US; grounds for non-enforcement of an award in the US; vacating or setting aside an arbitration award in the US; grounds for resisting enforcement of an award in the US; challenges to enforcement of awards under US law; and, defending enforcement of arbitration awards in or before the US courts.

ICDR (2021)—costs and security for costs
ICDR (2021)—costs and security for costs
Practice Notes

This Practice Note provides guidance on costs and security for costs under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules), ie the ICDR Arbitration Rules in force from 1 March 2021.

ICDR (2021)—evidence
ICDR (2021)—evidence
Practice Notes

This Practice Note provides guidance on matters of evidence under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules), ie the ICDR Arbitration Rules in force from 1 March 2021. In particular, this Practice Note considers the powers of the arbitral tribunal (arbitrators) in relation to evidence, the exchange of information between the parties during the arbitration (including document production), and the role of witnesses of fact, expert witnesses, hearings (including remote hearings), and privilege under the International Rules.

ICDR (2021)—interim and emergency relief
ICDR (2021)—interim and emergency relief
Practice Notes

This Practice Note considers the interim and emergency relief that may be granted by arbitral tribunals under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules), ie the ICDR Arbitration Rules in force from 1 March 2021. In particular, this Practice Note considers the tribunal’s powers under the International Rules to grant interim relief (post-constitution), as well as the availability of emergency arbitrator relief prior to formation of the tribunal.

ICDR (2021)—introduction to the ICDR—commencing arbitration—responding to arbitration
ICDR (2021)—introduction to the ICDR—commencing arbitration—responding to arbitration
Practice Notes

This Practice Note provides an introduction to the International Centre for Dispute Resolution (ICDR), an arbitral institution established as the international division of the American Arbitration Association (AAA). It discusses the administration and application of the ICDR International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules), ie the ICDR Arbitration Rules in force from 1 March 2021. The Practice Note also considers the role of the ICDR Administrative Review Council (IARC), the International Expedited Procedure and the Final Offer Rules. This Practice Note also provides practical guidance on starting (commencing, initiating, referring) an arbitration (or arbitration proceedings) under the International Rules, as well as responding (defending) arbitration claims pursuant to the ICDR International Rules.

ICDR (2021)—multi-party arbitration, joinder and consolidation
ICDR (2021)—multi-party arbitration, joinder and consolidation
Practice Notes

This Practice Note provides guidance on multi-party and multi-contract provisions under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules), ie the ICDR Arbitration Rules in force from 1 March 2021. In particular, this Practice Note considers joinder and consolidation, as well as the appointment of the arbitral tribunal in multi-party situations.

ICDR (2021)—procedure
ICDR (2021)—procedure
Practice Notes

This Practice Note provides guidance on matters of procedure under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules), ie the ICDR Arbitration Rules in force from 1 March 2021. In particular, this Practice Note considers: pleadings, simultaneous mediation, time limits, hearings and awards under the International Rules.

ICDR (2021)—the tribunal—appointment, challenges and powers
ICDR (2021)—the tribunal—appointment, challenges and powers
Practice Notes

This Practice Note provides guidance on the arbitral tribunal under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules), ie the ICDR Arbitration Rules in force from 1 March 2021. This Practice Note considers the appointment of the tribunal (arbitrator or arbitrators) pursuant to the ICDR Arbitration Rules, challenges to the appointment of such arbitrator(s), and the powers (or jurisdiction) or ICDR tribunals.

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