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United Kingdom Arbitration

Extending Arbitration Agreements to Third Parties: Principles and Challenges in English Law

09/02/2025 by Aceris Law LLC

Extending an Arbitration Agreement English Law

The extension of arbitration agreements to third parties is a complex but rigid area of English law. In light of the ever-growing prevalence of intricate multi-party and multi-jurisdiction disputes, courts and arbitral tribunals have found themselves balancing principles of privity of contract with public policy to determine when, why, and how arbitration agreements should be […]

Filed Under: England Arbitration, United Kingdom Arbitration

Arbitration and Winding Up: Diverging Approaches

07/09/2024 by Aceris Law LLC

Arbitration and Winding Up

Winding up is “[a] type of external administration (also referred to as liquidation) in which a liquidator is appointed to a company to take control of the company and its property, and wind up its affairs in an orderly way for the benefit of creditors”.[1] This process can be initiated voluntarily by a company’s shareholders or […]

Filed Under: Hong Kong Arbitration, Singapore Arbitration, United Kingdom Arbitration

Multi-Tiered Dispute Resolution Clauses

01/09/2024 by Aceris Law LLC

Multi-Tiered Clause Arbitration

Multi-tiered dispute resolution clauses are a common feature of modern arbitration agreements. Typically, these provide that the parties to a contract are precluded from bringing a dispute to arbitration until they have complied with certain prerequisite steps (the so-called “conditions precedent” to arbitration). However, despite their seemingly straightforward character, the enforceability of multi-tiered dispute resolution […]

Filed Under: United Kingdom Arbitration

Can Arbitrators Promote Settlement in Arbitration?

07/01/2024 by Aceris Law LLC

Settlement of Arbitration Disputes

Parties can always attempt to settle their dispute in an amicable manner, even if the dispute has been referred to arbitration.[1] However, different opinions emerge regarding the arbitrators’ role in the settlement process. Certainly, arbitrators may facilitate settlement indirectly. As stated by Kaufmann-Kohler, arbitrators “can simply ask a few well-targeted questions at the right time, […]

Filed Under: France Arbitration, International Arbitrators, United Kingdom Arbitration

Reform of the 1996 English Arbitration Act

29/10/2023 by Aceris Law LLC

Reform of the 1996 English Arbitration Act

On 6 September 2023, the Law Commission of England and Wales (the “Law Commission”) published its long-anticipated Final Report on the Reform of the 1996 English Arbitration Act (“Final Report”), along with a helpful summary of its Final Report. Procedural History In March 2021, the Law Commission was tasked by the Ministry of Justice to determine […]

Filed Under: England Arbitration, United Kingdom Arbitration

Document Production in International Arbitration

19/03/2023 by Aceris Law LLC

Document Production International Arbitration

Document production is one of the most controversial yet essential steps in international arbitration. Since cases are generally decided based on documents rather than oral testimony, document production can be a powerful tool for discovering evidentiary material crucial to winning an arbitration.[1] It is not surprising that arbitral proceedings commonly include a document production phase. […]

Filed Under: Ad Hoc Arbitration, Document Production in Arbitration, France Arbitration, ICC Arbitration, International Arbitration, UNCITRAL Arbitration, UNCITRAL Model Law, United Kingdom Arbitration, United States Arbitration

How to Make a Valid Appointment Under an Arbitration Agreement

07/08/2022 by Aceris Law LLC

The appointment of an arbitrator is a critical step in any arbitration. The advantages of arbitration depend, to a large extent, on the persons appointed as arbitrators. In other words, while the same dispute may be resolved in a satisfactory and efficient way, it might turn into a lengthy and costly proceeding with a questionable […]

Filed Under: Shipping Arbitration, United Kingdom Arbitration

Escalation Clauses in International Arbitration: The English Approach

21/12/2021 by Aceris Law LLC

Escalation in international arbitration

Escalation clauses (or multi-tier dispute resolution clauses) are commonly found in commercial contracts. These clauses may spell out different preconditions and procedures when seeking to resolve disputes.[1] Typically, the parties are required to attempt, within a specific time period, an amicable settlement or to enter into negotiations in order to avoid arbitration or litigation. Sometimes […]

Filed Under: England Arbitration, United Kingdom Arbitration

M&A Arbitration

28/08/2021 by Aceris Law LLC

MA International Arbitration Disputes

In recent years, arbitration has become the preferred method of resolving M&A disputes. While the global market shows steady signs of recovery, arbitration is considered an effective means to resolve disputes involving M&A transactions in a wide range of sectors, such as the financial, healthcare, education, energy and technology sectors.[1] Disputes in M&A Transactions M&A […]

Filed Under: Cost-Efficient Arbitration, M&A Arbitration, United Kingdom Arbitration

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