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The purpose of anti-suit relief

In common law jurisdictions, a party seeking to ensure that arbitration, rather than litigation, takes place has the ability to seek an anti-suit injunction. A notable recent example of this …

When should the court step in?

Although the arbitral tribunal has the primary power to grant relief by way of interim measure, there will be circumstances where the tribunal’s powers are not sufficiently wide or where …

Security for costs as an interim measure

Security for costs is usually described as a form of interim measure. However, it should really be considered as a separate limb. The criteria and test already referred to in …

The tribunal, the court and interim measures

It should be emphasised that, during an arbitration, it is, of course, the role of the arbitral tribunal to manage the proceeding. However, there will sometimes be occasions when the …

Guidance documents

Of course, not all arbitrations require a hearing and, indeed, many arbitrations work on documents only. However, hearings do remain the norm. A number of guidance documents have been issued …

Offers to settle

An offer may be in the form of an open or sealed offer. A party may want the tribunal to see that it is being reasonable and looking to settle; …

Rules of evidence

As to the rules of evidence, it is not always helpful to generalise, but it may be said that, on the whole, arbitral tribunals do not usually seek to confine …

Forms of evidence

As seen above, documents in support of a party’s case are normally served with that party’s written pleadings/submissions. Each party may then make requests for production of any additional documents …

Written phase

Upon constitution of the tribunal, the next step usually involves a preliminary hearing or meeting between the tribunal and the parties, during which the tribunal will issue directions identifying and …

Hearing phase

In reality, an oral hearing will take place in virtually all international arbitrations (save where the parties agree otherwise). Conducting an oral hearing is required by many institutional rules and …

Representation

There is no prescribed approach in the Model Law. Most parties to an international arbitration will choose to be represented and, indeed, some parties will opt for a significantly sized …

Legal professional privilege

One matter that sometimes taxes lawyers in an international arbitration is the position on legal professional privilege. The law varies from jurisdiction to jurisdiction, not just as to the nature …

Award phase

The award is addressed in detail in Module 7, but for present purposes, the final step in most arbitrations is the making and notification of the award. In virtually all …

Disclosure or discovery?

The terminology used for document production varies depending on the jurisdiction. In the United States (US) and some other US-influenced or common law jurisdictions, the term “discovery” of documents is …