| 1 | Challenging arbitration awards in the English courts toolkit A toolkit to guide users through PLC Arbitration's key resources on challenging arbitration awards in the English courts, under sections 67, 68 and 69 of the Arbitration Act 1996. | Practice note: overview | Maintained |
| 2 | Challenging awards in the English courts: an overview What remedies are available if a party to an arbitration wishes to challenge the arbitration award? This note examines and compares the three ways in which an award can be challenged in the English courts. | Practice note: overview | Maintained |
| 3 | Arbitration in Brazil After the enactment of the Brazilian Arbitration Act of 1996 (BAA 1996) and the growth of the Brazilian economy, Brazil has become an important venue for arbitration in Latin America. This note considers the framework for arbitration in Brazil, as set out by the BAA 1996, taking into consideration some applicable provisions of the Civil Code of Procedure and recent case law. It deals with all aspects of arbitration by describing the main features of a Brazilian arbitral process, from the preparation of a valid arbitration agreement to the enforcement of arbitral awards. | Practice notes | Maintained |
| 4 | Arbitration in Germany This note describes the most significant features of the arbitral process in Germany, including the German law regarding arbitration agreements, the duties and powers of the tribunal, the role of state courts, and the challenge and enforcement of awards. | Practice notes | Maintained |
| 5 | Awards: the English Arbitration Act 1996 The tribunal's award contains its decision. But what is its legal significance and effect? And what is the difference between a partial award, a provisional award and an agreed award? This practice note aims to give an overview of the different types of award, explaining their practical signifiance. It also addresses the various formal and substantive requirements which apply to awards, and discusses the significance of the reasons for an award. | Practice notes | Maintained |
| 6 | Bribery, corruption and money laundering in international ... A guide to the key issues that arise when allegations of bribery, corruption and money laundering affect international arbitration proceedings. | Practice notes | Maintained |
| 7 | Challenging the award under section 67 of the English ... A note outlining the circumstances in which the court may set aside an award on the grounds that it was made without jurisdiction, under section 67 of the Arbitration Act 1996. | Practice notes | Maintained |
| 8 | Challenging the award under section 68 of the English ... An award can be challenged under section 68 of the Arbitration Act 1996 if there has been a serious irregularity that has caused or will cause substantial injustice to the applicant. The irregularity can relate to the tribunal, the proceedings or to the award. It must fall within one of the grounds set out in the Act. If the challenge succeeds, the award may be remitted to the tribunal, set aside or declared to be of no effect. This note discusses challenges to awards on grounds of serious irregularity pursuant to section 68. | Practice notes | Maintained |
| 9 | Challenging the award under section 69 of the English ... Unless the parties to the arbitration agreement agree otherwise, and provided the court grants leave to appeal (or all parties agree), a party to arbitral proceedings can appeal to the court on a question of law arising out of an award. Such appeals are relatively unusual because parties often exclude the right to appeal on a question of law, and the threshold for leave to appeal is set very high. This note outlines the situations in which an appeal is possible, and provides practical guidance on the procedure to be followed. | Practice notes | Maintained |
| 10 | Jurisdictional challenges under the English Arbitration Act ... This note considers whether it is possible to simply ignore arbitral proceedings but then to challenge the award or its enforcement. | Practice notes | Maintained |
| 11 | Looking ahead tracker: developments in international ... A tracker outlining anticipated key developments in international arbitration. | Practice notes | Maintained |
| 12 | Loss of the right to object: section 73 of the English Arbitration ... This note considers the circumstances in which the right to object (to the tribunal's jurisdiction or to procedural decisions) will be lost pursuant to section 73 of the Arbitration Act 1996. | Practice notes | Maintained |
| 13 | Non-damages remedies in international arbitration This note outlines the complex questions associated with making, or responding to, a request for non-damages remedies in international arbitration. It also considers the range of non-damages remedies (pecuniary and non-pecuniary) that are available in international arbitration. | Practice notes | Maintained |
| 14 | Remedies for inadequate awards: the English Arbitration Act ... Sometimes arbitral awards contain clerical errors or ambiguities which require correction. Sometimes the tribunal has forgotten to deal with all the claims which were presented to it. Sometimes the reasons given by the tribunal are unclear. Such inadequacies place the parties in a difficult position: the successful party cannot properly enforce the award where it contains obvious errors; and the unsuccessful party may find it difficult to assess the chances of challenging the award if the basis for it is unclear. This practice note outlines the remedies for inadequate awards, and gives guidance as to how those remedies may be obtained. | Practice notes | Maintained |
| 15 | State immunity and arbitration The issue of state immunity is relevant not only to whether you or your clients will be able to commence proceedings against a state, but also to procedural issues in the course of proceedings and rights of enforcement. If you are contracting with a party which could be considered a state for these purposes, you should always aim to include provisions in the dispute resolution clause whereby the state expressly waives its immunity in relation to each of these aspects. This practice note addresses the issues which may arise in relation to state immunity, and offers drafting advice. | Practice notes | Maintained |