Seat of arbitration Definition

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GLOSSARY

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What does Seat of arbitration mean?

The jurisdiction in which an arbitration is deemed legally to take place and the award issued, regardless of the geographical location of the tribunal and/or any hearings. The seat also determines the legal system that, generally, provides the arbitration’s procedure and which courts have supervisory jurisdiction over the arbitration.

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Ireland—Methods of alternative dispute resolution

Ireland—Methods of alternative dispute resolution This Practice Note provides an overview and introduction to forms of alternative dispute resolution commonly used to settle disputes in Ireland: direct negotiation, mediation, adjudication, arbitration and conciliation. It provides an overview of the key features of these forms of alternative dispute resolution and the governing legislation, namely, the Mediation Act 2017 (Ireland) (MA 2017 (IRL)), the Construction Contracts Act 2013 (Ireland) (CCA 2013 (IRL)) and the Arbitration Act 2010 (Ireland) (AA 2010 (IRL)). Forms of alternative dispute resolution Alternative dispute resolution (ADR) provides a voluntary alternative to litigation to settle civil disputes. The most popular ADR methods used in Ireland will be well recognised to those practising in other common law jurisdictions: arbitration, mediation, direct negotiation and construction adjudication. The process of conciliation, commonly used in Ireland for the resolution of both employment and construction disputes, will often not be familiar to those who practice elsewhere. There is also modest use of other processes on the ADR spectrum, such as expert determination. Likewise, escalating...

Choosing an arbitral seat—Austria

Choosing an arbitral seat—Austria Due to Austria’s geographical location and political neutrality, the country’s reputation for resolving international commercial disputes is traditionally strong. Accordingly, Austria can be considered one of the major centres for arbitral proceedings in Europe. This Practice Note considers information relevant for those considering Austria as a legal seat of arbitration. For more information on the arbitral seat, see Practice Notes: The seat of the arbitration and Choosing the seat of arbitration. Why Austria? • political neutrality • modern and well-developed arbitration law (a UNCITRAL Model Law country) • sophisticated international administering institution (Vienna International Arbitral Centre (VIAC)) • arbitration-friendly courts • proceedings to set-aside an arbitral award are to be decided by the Supreme Court as first and only instance • very active arbitration community • strong ties with Central and Eastern Europe as well South Eastern Europe, as well as increased ties with China The legal environment Austrian arbitration law forms part of the Austrian Code of Civil Procedure (sections 577...

Discover our 6 Practice Notes on Seat of arbitration

Deed of retirement from partnership

Deed of retirement from partnership This Deed of retirement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of retiring partner] of [insert address] (Retiring Partner), and 2 The persons whose names and addresses are set out in Schedule 1 (Continuing Partners). Recitals: (A) The Partners have been carrying on business in partnership under the terms of the Partnership Agreement. (B) The Retiring Partner is to retire from the Partnership on the Retirement Date. (C) The provisions of this deed shall apply to the retirement of the Retiring Partner in place of any provisions of the Partnership Act 1890 and the Partnership Agreement that would otherwise apply to the retirement of the Retiring Partner. The parties agree: 1 Definitions and interpretation 1.1 In this deed: Accountants • means [insert name of Partnership's accountants] or such other firm of accountants as may be appointed to replace them in accordance with the provisions of the Partnership Agreement; Accounting Date • means [insert Partnership accounting date]; Accounting...

Deed of retirement from a limited liability partnership

Deed of retirement from a limited liability partnership This Deed of retirement is made on [insert day and month] 20[insert year] Parties 1 [insert name of retiring member] of [insert address] (Retiring Member); 2 [insert name] LLP a limited liability partnership (registration number OC [insert number]) whose registered office is at [insert address] (LLP); and 3 The persons whose names and addresses are set out in Schedule 1 (Continuing Members). background: (A) The Retiring Member and Continuing Members are members of the LLP. (B) The Retiring Member is to retire from the LLP on the Retirement Date. (C) The provisions of this deed shall apply to the retirement of the Retiring Member in place of any statutory provisions and any provisions of the LLP Agreement that would otherwise apply to the retirement of the Retiring Member. The parties agree: 1 Definitions and interpretation 1.1 In this deed: Accounting Period • means each period of 12 months ending on the Accounting Reference Date; Accounting Reference...

Dive into our 4 Precedents related to Seat of arbitration

The Versailles Court of Appeal ruled that a five-year statute of limitations is applicable to applications for leave to enforce foreign arbitral awards

Arbitration analysis: In this decision, the Versailles Court of Appeal (ruling on remand) issued a groundbreaking decision on the statute of limitations applicable to leave application for enforcement of international arbitral awards in France. After an initial request for leave to enforce was filed in 2016 and eventually withdrawn in 2017 to comply with an anti-suit injunction from the New York Supreme Court, an investor (the claimant) filed a new request for leave to enforce in November 2018. This request having been granted, Citigroup Global Market Inc along with one of its individual bankers (the respondents, and together with the claimant, the parties) appealed the decision before the Paris Court of Appeal, which dismissed the appeal. Overturning this decision, the French Supreme Court remanded the case to the Versailles Court of Appeal. The court ultimately ruled that a five-year limitation period from the date of issuance of the award applies to leave application for enforcement of international awards in France. Written by Julie Spinelli, partner at Le 16 Law (with...

How international arbitration could factor in tariff dispute resolution

Law360: With the Trump administration's emphasis on tariffs, including introducing tariffs against the U.S.' three biggest trading partners and advocating for an External Revenue Service to collect tariffs and other foreign revenue, members of the business world face increasing uncertainties as they assess and renegotiate the cost of doing business and obligations under a changed economic and political landscape, increasing the likelihood of contract disputes.[1]

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