Sentences with phrase «arbitral seat»

A 2015 survey carried out by Queen Mary University of London found that London was the most used and most favoured arbitral seat in the world (based on a survey of 763 respondents and 105 personal interviews).

The research found that the UK was the most commonly chosen arbitral seat for survey respondents, claimant costs were on average nearly 10 % higher in the rest of Europe compared with the UK.

In consequence, concerns were expressed by lawyers that if the anti-suit injunction remained an available remedy in other jurisdictions outside the European member states, then arbitral seats such as New York or Singapore would become more popular than London, if London was no longer capable of making such orders.

These will be key factors in influencing the emergence of local safe arbitral seats and stronger and more capable institutions within which arbitration can further take root and prosper on the continent.

The case highlights the differences in approach between jurisdictions as to the enforcement of arbitral awards that have been set aside and emphasizes the importance of choosing an appropriate arbitral seat when negotiating an arbitration agreement.

The move has been driven by their growing involvement in Singapore's expanding ADR market as well as confidence in the future of Singapore as the preferred arbitral seat in the Asia - Pacific Region.

London - seated arbitration would gain an advantage against rival European arbitral seats.

We have funded litigation in 8 international jurisdictions, 4 U.S. states, and in relation to arbitrations in 4 different arbitral seats.

They say the theory that parties choose their arbitral seat on the basis of whether the court of that jurisdiction is able to issue an anti-suit injunction is unproven and that such orders are no longer as popular as they once were in any event.

However, the parties are typically able to agree to the arbitral seat — the jurisdictions whose laws govern the agreement to arbitrate — and the substantive law of the contract.

Traditionally, commercial parties have preferred to opt for an arbitral seat in established jurisdictions, such as London or Paris.

In contrast, jurisdictions like Italy and Germany view the law of the arbitral seat as integral in pinning the arbitration to the jurisdiction: the annulment of award at the seat therefore makes the award non-existent.

To avoid a potential dispute arising from a conflict between the laws of the locality of the arbitral institution and the law of the arbitral seat, we recommend that parties expressly specify the applicable law of the arbitral agreement in a commercial contact.

This does not resolve the situation where the law of the locality of the arbitral institution conflicts with the law of the arbitral seat.

In the commercial context, if allegations of behaviour which is unlawful (or contrary to public policy) are raised before the arbitral tribunal, it will have to consider the consequences under the applicable law, and may also be required to have regard to the potential impact of the mandatory law and public policy of the arbitral seat and the place of performance of any relevant agreement, as well as transnational public policy.

Article 18 stipulates that if parties fail to agree on the applicable law of the arbitral agreement, the law of the locality of the arbitral institution or law of the arbitral seat shall apply.

The review of documents, interviews of company witnesses, preparation of witness statements, and drafting of submissions all typically occur at or near where the client is located, not at the arbitral seat.

Where strategically advantageous, we associate with specialist counsel located at the arbitral seat.