| 1 | Arbitration: a ten-minute guide Need to find out about arbitration in ten minutes? This practice note aims to provide a bird's eye view of the most important features of arbitration and arbitration law, from commencement of proceedings right through to enforcement of awards. Links to more detailed discussion are provided. | Practice note: overview | Maintained |
| 2 | Document retention toolkit A toolkit to guide users through PLC's UK, US and international content on document retention. It includes materials on retention of employment records, Companies Act 2006 requirements and electronic disclosure. | Practice note: overview | Maintained |
| 3 | Privilege: an overview An outline of the law relating to privilege including legal advice privilege, litigation privilege, joint privilege and common interest privilege. | Practice note: overview | Maintained |
| 4 | Supportive powers of the English courts: an overview The English Arbitration Act 1996 recognises that in some cases, the English courts can intervene to support the arbitral process. This note examines the scope, and limitations, of those powers and provides guidance as to when, how and by whom applications to the court can be made for supportive procedural orders. | Practice note: overview | Maintained |
| 5 | Without prejudice privilege: an overview This note considers the without prejudice (WP) rule. The WP rule will generally prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interest of the party which made them. In that it is a rule which prevents relevant material from being put before the court, it is plainly a significant one. Therefore, it is important to be aware of the nature and scope of the WP rule and the established exceptions to it. | Practice note: overview | Maintained |
| 6 | A guide to the CIETAC Arbitration Rules (2005) This note is an introduction to the China International Economic and Trade Arbitration Commission and the CIETAC Arbitration Rules 2005. Note that the CIETAC Arbitration Rules 2012 apply to arbitrations commenced on or after 1 May 2012. The 2005 Rules will continue to apply to arbitrations commenced before that date, unless the parties agree that the 2012 Rules should apply. | Practice notes | Maintained |
| 7 | A guide to the CIETAC Arbitration Rules (2012) This note is an introduction to the China International Economic and Trade Arbitration Commission and the CIETAC Arbitration Rules 2012. Note that the CIETAC Arbitration Rules 2012 apply to arbitrations commenced on or after 1 May 2012. The 2005 Rules will continue to apply to arbitrations commenced before that date, unless the parties agree that the 2012 Rules should apply. See Practice note, A guide to the CIETAC Arbitration Rules (2005) for discussion about the 2005 Rules. | Practice notes | Maintained |
| 8 | A quick guide to the rules of the leading arbitral institutions This practice note highlights and summarises some of the key features of the major global arbitral institutions. | Practice notes | Maintained |
| 9 | A world tour of the rules of privilege This note provides an overview of the law on privilege in 23 jurisdictions as at 30 July 2009. Where relevant, it will be necessary to check whether the law has changed since then. | Practice notes | 30-Jul-2009 |
| 10 | AAA Arbitration: A Step-By-Step Guide A Practice Note describing the necessary steps for conducting arbitration under the rules of the American Arbitration Association. | Practice notes | Maintained |
| 11 | Arbitrating under the HKIAC Administered Arbitration Rules: a ... A step-by-step guide to running an arbitration under the HKIAC Administered Arbitration Rules, from preliminary steps to post-award. | Practice notes | Maintained |
| 12 | Arbitrating under the UNCITRAL Rules 1976: a step-by-step ... A step-by-step guide to running an arbitration under the UNCITRAL Rules 1976, from preliminary steps to post-award. | Practice notes | Maintained |
| 13 | Arbitrating under the UNCITRAL Rules 2010 The UNCITRAL Arbitration Rules 2010 are often adopted in ad hoc arbitrations. This note provides a step-by-step guide to conducting an arbitration under the UNCITRAL Rules 2010, from preliminary steps to post-award. For a guide to arbitrating under the UNCITRAL Rules 1976, see Practice note, Arbitrating under the UNCITRAL Rules 1976: a step-by-step guide. | Practice notes | Maintained |
| 14 | Arbitration claims: applications to the English court This note provides a step-by-step guide to arbitration claims in the English court. | Practice notes | Maintained |
| 15 | 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 |
| 16 | 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 |
| 17 | Arbitration in Switzerland Switzerland is one of the most established venues for international arbitration. This note considers the framework for domestic and international arbitrations in Switzerland, as set out in Chapter 12 of the Private International Law Act, the Civil Code of Procedure and case law of the Swiss Federal Supreme Court. The note describes the most significant features of the arbitral process in Switzerland, from the requirements for a valid arbitration agreement to the duties and powers of the tribunal, and the role of the state courts. | Practice notes | Maintained |
| 18 | Avoiding delays and excessive costs in arbitration A note giving practical advice on the steps parties and arbitrators can take to avoid excessive delays and costs in arbitration. | Practice notes | Maintained |
| 19 | Brazilian Arbitration Act 1996 The Brazilian Arbitration Act 1996 (BAA 1996) initiated a new era of arbitration in Brazil and provided a solid basis for its development. This practice note: Explains the underlying principles of the BAA 1996. Offers guidance on the interpretation of the BAA 1996. Explains the interplay between arbitral tribunals and courts in Brazil. | Practice notes | Maintained |
| 20 | 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 |
| 21 | Challenges to arbitrators This note provides practical guidance on the grounds for challenging an arbitrator and the procedure for making a challenge. PLC Arbitration is grateful to Lee A. Steven of White & Case LLP for his assistance. | Practice notes | Maintained |
| 22 | Choosing an Arbitral Seat in the US This Note explains the important factors to consider in selecting a US arbitral seat for an international arbitration in New York, California, Florida and Washington, DC. To the extent that the law applicable to domestic arbitrations between two US companies differs, this Note does not address domestic arbitration, unless expressly indicated. | Practice notes | Maintained |
| 23 | Confidentiality in English arbitration law A note analysing the situations in which a duty of confidentiality may affect parties to arbitral proceedings. | Practice notes | Maintained |
| 24 | Constituting a tribunal under the English Arbitration Act 1996 This note outlines the steps which must be taken to constitute a tribunal properly, and offers advice on appointing arbitrators and applying to the English court for supportive remedies. | Practice notes | Maintained |
| 25 | Dealing with witnesses in international arbitration This practice note deals with the use of witness evidence in international arbitration. Its focus is on factual as opposed to expert witnesses. | Practice notes | Maintained |
| 26 | Disclosure of electronic documents in international arbitration A practice note examining issues that arise in the production of electronic documents (also known as disclosure) in international arbitration. | Practice notes | Maintained |
| 27 | Document production in international arbitration A note examining the rules and principles that govern document production (also known as disclosure) in international arbitration, including practical tips for ensuring efficiency and avoiding delays. | Practice notes | Maintained |
| 28 | Document production in international arbitration: a quick guide A quick guide to the interim remedies available from tribunals and local courts in key jurisdictions, based upon information in the Arbitration multi-jurisdictional guide. Each country section is based on information provided between March - June 2012. | Practice notes | 04-Dec-2012 |
| 29 | Ethical issues for counsel in international arbitration This note considers the issues that can arise from duties of professional conduct owed by counsel in an international arbitration. It assess the problems for parties and their counsel and proposes possible solutions, including a code of ethics for international arbitration. | Practice notes | Maintained |
| 30 | Evidence in international arbitration A note describing the principles governing evidence in international arbitrations, with practical tips and guidance. | Practice notes | Maintained |
| 31 | Expert evidence in international arbitration A note outlining the circumstances in which expert evidence may be adduced in international arbitration, and providing guidance on the relevant practice and procedure. | Practice notes | Maintained |
| 32 | Family law arbitration The Family Law Arbitration Scheme provides arbitration for family law disputes. The scheme was launched by the Institute of Family Law Arbitrators (IFLA) on 22 February 2012. This note gives an outline of the background to the Scheme, its scope and procedural rules. | Practice notes | Maintained |
| 33 | How do I appoint an arbitrator? Some arbitration agreements require arbitrators to be chosen and appointed by the parties. But how do you actually go about appointing them? This practice note provides practical guidance on the steps that must be taken when appointing an arbitrator, including the first approach to a potential arbitrator and confirmation of appointment. | Practice notes | Maintained |
| 34 | ICC arbitration (1998 Rules): a step-by-step guide A step-by-step guide to running an ICC arbitration (1998 Rules), from preliminary steps to post-award. | Practice notes | Maintained |
| 35 | ICC Arbitration (2012 Rules): a step-by-step guide A step-by-step guide to running an ICC arbitration, from preliminary steps to post-award, under the ICC Arbitration Rules 2012. | Practice notes | Maintained |
| 36 | ICDR Arbitration: A Step-by-Step Guide A Practice Note describing the necessary steps for conducting arbitration under the rules of the International Centre for Dispute Resolution. | Practice notes | Maintained |
| 37 | ICSID arbitration: a step-by-step guide This note sets out the usual steps in ICSID arbitration, providing links to the relevant rules and practical guidance. | Practice notes | Maintained |
| 38 | LCIA arbitration: a step-by-step guide A step-by-step guide to running an LCIA arbitration, from preliminary steps to post-award. | Practice notes | Maintained |
| 39 | LCIA India arbitration: a step-by-step guide This note sets out the usual steps in a London Court of International Arbitration (India) arbitration, providing links to relevant rules and practical guidance. | Practice notes | Maintained |
| 40 | Privilege in international arbitration Privilege entitles a party to litigation or arbitration to withhold evidence (which would or should otherwise be produced) from production to a third party, court or tribunal. International arbitration brings together parties from different jurisdictions and legal backgrounds. Most jurisdictions have their own rules and laws regulating what evidence may be withheld on the basis of privilege. Although there may be common grounds of public policy underlying the existence of such privileges, the laws will vary in their application and ambit. Disputes may arise in international arbitration as a result of these conflicting rules and expectations. These disputes are often complicated by the fact that there are no set rules or published authority on how international arbitral tribunals should exercise their discretion to resolve such a claim for privilege. The purpose of this note is to provide an overview on how such disputes may be resolved. In particular, it aims to summarise the different approaches that tribunals may take in resolving such a dispute, or what approach a tribunal should be asked to adopt. This note also sets out some practical measures to consider before and during the arbitration. | Practice notes | Maintained |
| 41 | Privilege: Frequently Asked Questions A list of frequently asked questions on privilege with answers from Colin Passmore. | Practice notes | Maintained |
| 42 | Procedural powers of international arbitration tribunals A brief overview of the procedural powers which may be available to international arbitration tribunals. | Practice notes | Maintained |
| 43 | Procedural powers of the arbitral tribunal under the English ... What determines the scope of the procedural powers open to an arbitral tribunal? This practice note explains the source of the tribunal's powers and gives an overview of the powers conferred by the Arbitration Act 1996 and by key institutional rules. | Practice notes | Maintained |
| 44 | Resolving disputes in China through arbitration This practice note outlines some of the practical and cultural considerations when assessing dispute resolution mechanisms and the advantages of arbitration for China-related disputes. The note also describes the most significant features of the arbitral process, focussing in particular on international arbitration under both the 2012 and 2005 versions of the CIETAC arbitration rules. The options for arbitrating China-related disputes outside China, and the possible choice of alternative venues and arbitral rules, are also considered. Note: this note is currently under review in light of CEITAC's announcement suspending the Shanghai and South China subcommission's authorisation to administer CIETAC cases. | Practice notes | Maintained |
| 45 | Sealed offers under English law A sealed offer is an offer from one party to another to settle the arbitration which is made without prejudice save as to costs. It is the arbitral equivalent of the Part 36 procedure and is a useful tool for a party who wishes to protect his costs position. This practice note explains the principles governing sealed offers, and provides practical guidance to parties wishing to make, or respond to, such an offer | Practice notes | Maintained |
| 46 | Selection of party-nominated arbitrators This note offers a practical guide to selecting an arbitrator. It includes consideration of pre-selection interviews and the guidance offered in the International Bar Association Guidelines. | Practice notes | Maintained |
| 47 | SIAC arbitration: a step-by-step guide This note sets out the usual steps in a Singapore International Arbitration Centre (SIAC) arbitration, providing links to relevant rules and practical guidance. | Practice notes | Maintained |
| 48 | SRA Handbook 2011 and SRA Code 2011: Chapter 5: your ... This note outlines the effect of Chapter 5 of the Solicitors Regulation Authority (SRA) Code of Conduct 2011 (SRA Code 2011), identifying key provisions when conducting litigation and acting as an advocate. For a detailed overview of the SRA Handbook 2011 and SRA Code 2011, see Practice note, SRA Handbook 2011 and Code of Conduct. For information on the position before 6 October 2011, see Practice note, Solicitors' Code of Conduct: Rule 11: Litigation and Advocacy. | Practice notes | Maintained |
| 49 | Standard of proof A brief guide to the standard of proof (or burden of proof) that applies in civil cases in England and Wales. It includes authorities in which the courts have considered whether a higher standard of proof is required for particularly serious allegations, and the standard to be applied in quasi-criminal cases. | Practice notes | Maintained |
| 50 | The Arbitration (Scotland) Act 2010 The Arbitration (Scotland) Act 2010 (AA 2010) provides a modern statutory framework for domestic and international arbitration in Scotland, drawing on the best features of arbitration regimes around the world and reflected in the founding principles of the AA 2010. This practice note considers the terms of the AA 2010, including the Scottish Arbitration Rules. | Practice notes | Maintained |
| 51 | The English court's supportive powers: enforcement of ... What options are open to you if your opponent breaches the tribunal's procedural directions? This practice note considers the possibility of applying to the court for an order enforcing the tribunal's directions. | Practice notes | Maintained |
| 52 | The English court's supportive powers: witness evidence The arbitral tribunal will make most of the necessary procedural decisions and directions with regards to witness evidence. However, there are some situations in which the court has power to intervene. This practice note identifies when the court is entitled to exercise its supportive powers in respect of witness evidence, and offers guidance on when and how to apply to the court. | Practice notes | Maintained |
| 53 | The Irish Arbitration Act 2010 This practice note provides an overview of the Irish Arbitration Act 2010. It explains the principles which underlie the Act, and gives guidance on interpretation. | Practice notes | Maintained |
| 54 | The role of the English courts The English Arbitration Act 1996 aimed to limit court intervention in arbitrations, and defined the role of the court as supportive rather than supervisory. This practice note discusses the practical implications of this approach. It identifies the situations in which the court is entitled to intervene and considers whether the court's powers can be excluded by agreement. | Practice notes | Maintained |
| 55 | Third party funding for international arbitration claims: practical ... This note considers the growth of third party funding in international arbitration. It summarises some of the benefits and risks of third party funding for claimants in arbitration and provides guidance on how to manage those risks. The note describes the process of obtaining funding and gives practical tips for parties entering into a funding agreement. | Practice notes | Maintained |
| 56 | Understanding the Federal Arbitration Act This Note provides an overview of the scope of the federal legal principles applicable to arbitration in the US. | Practice notes | Maintained |
| 57 | Why arbitrate? Should you agree to arbitrate existing or future disputes? This practice note addresses the advantages and disadvantages of arbitration as a means of dispute resolution. | Practice notes | Maintained |